Peterson v. Farnum
Massachusetts Supreme Judicial Court
Writ oe review of a judgment recovered by the defendant in review against the plaintiff in review, on a writ of entry brought to recover possession of a certain parcel of land, on the ground that the land was paid for by the money of Christian F. Peterson, husband of the plaintiff in review, and that the conveyance to her was not valid as against the creditors of her husband.
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Writ oe review of a judgment recovered by the defendant in review against the plaintiff in review, on a writ of entry brought to recover possession of a certain parcel of land, on the ground that the land was paid for by the money of Christian F. Peterson, husband of the plaintiff in review, and that the conveyance to her was not valid as against the creditors of her husband. Trial in the Superior Court, before Brigham,, C. J., who allowed a bill of exceptions in substance as follows : The defendant in review offered in evidence a record of an action brought by her against Christian F.…
1Opinion of the CourtLord, J.
The rules applicable to a levy upon real estate, the title to which was once in the judgment debtor, are not necessarily those which apply to a levy upon real estate, the title to which was never in him. In the former case, the creditor is entitled to levy upon the estate, if it has been conveyed for the purpose of delaying, defeating or defrauding creditors; and if the grantee participates in the purpose of the grantor, it is immaterial whether the conveyance is a voluntary conveyance, or whether it is for the full value of the estate. Nor is it material, to the title of the fraudulent…
2Cases cited2 opinions
- Inman v. MeadMassachusetts Supreme Judicial Court · 1867
- Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
3Cited by6 opinions
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- Tarbell v. JewettMassachusetts Supreme Judicial Court · 1880
- Hartley v. HartleyIllinois Supreme Court · 1917
- Howes v. GrushMassachusetts Supreme Judicial Court · 1881
- Berry v. GatesMassachusetts Supreme Judicial Court · 1900
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