Snow v. Paine
Massachusetts Supreme Judicial Court
Writ of entry, brought to recover real estate attached "under Gen. Sts. c. 123, § 55, as having been purchased by James H. Paine, husband of the tenant, and by his direction conveyed to her, in order to prevent an attachment of the same by his creditors existing at the time of the alleged purchase and conveyance.
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Writ of entry, brought to recover real estate attached "under Gen. Sts. c. 123, § 55, as having been purchased by James H. Paine, husband of the tenant, and by his direction conveyed to her, in order to prevent an attachment of the same by his creditors existing at the time of the alleged purchase and conveyance. At the trial in the Superior Court, before Bacon, J., the demandants offered in evidence a writ bearing date November 1, 1869, wherein the demandants were plaintiffs, and James H. Paine defendant, with the officer’s return thereon showing an attachment of the demanded premises, and…
1Opinion of the CourtColt, J.
The demandants levied an execution recovered against Paine upon land the record title to which was in his wife by deed from Lancy. This writ of entry is brought to recover possession *525of the same from the tenant, on the ground that the conveyance was made to her in fraud of her husband’s creditors. When the record title to real estate taken on execution is not in the judgment debtor, the creditor can only establish his title against the tenant, when there is no express or implied trust, by proving that the tenant either participated in the fraudulent purpose of his grantor, or that the deed to…
2Cases cited1 opinion
- Bancroft v. CurtisMassachusetts Supreme Judicial Court · 1871
3Cited by30 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Kyle v. CraigCalifornia Supreme Court · 1899
- Tasker v. StanleyMassachusetts Supreme Judicial Court · 1891
- Skehill v. AbbottMassachusetts Supreme Judicial Court · 1903
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