Macurda v. Fuller
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 18, 1910, and afterwards amended, seeking to compel the defendant Fuller to fill in the name of George A. Tower in a deed of Mary H. Smith left by her in his possession under the conditions described in the opinion, and to place the deed on record.
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Bill in equity, filed in the Superior Court on April 18, 1910, and afterwards amended, seeking to compel the defendant Fuller to fill in the name of George A. Tower in a deed of Mary H. Smith left by her in his possession under the conditions described in the opinion, and to place the deed on record. The defendants Ellen L. Woodward and Pauline B. Woodward, widow and heir at law respectively of James B. Woodward,- to whom Mary H. Smith conveyed the land after the date of the deed above described, demurred to the bill as amended. The demurrer was heard and sustained by Wait, J. The judge’s…
1Opinion of the CourtPierce, J.
The amended bill alleges that one Tower on January 29, 1902, conveyed the real estate therein described to one Mary H. Smith, to prevent its attachment in an anticipated action of tort for damages resulting from an accident whereby a child was run over by a carriage occupied by Tower and driven by his wife.
The bill alleges that Tower “had sufficient other money to meet any reasonable judgment which might be obtained against him,” but does not state that he had sufficient other money or property that could be come at to be attached or taken on execution. The grantee had a mortgage on the…
2Cases cited4 opinions
- White v. DugganMassachusetts Supreme Judicial Court · 1885
- Cromwell v. NortonMassachusetts Supreme Judicial Court · 1906
- Hill v. HillMassachusetts Supreme Judicial Court · 1907
- Phelps v. SullivanMassachusetts Supreme Judicial Court · 1885
3Cited by13 opinions
- US Bank National Association v. IbanezMassachusetts Supreme Judicial Court · 2011
- Malaguti v. RosenMassachusetts Supreme Judicial Court · 1928
- Flavin v. MorrisseyMassachusetts Supreme Judicial Court · 1951
- Fusaro v. MurrayMassachusetts Supreme Judicial Court · 1938
- Witherington v. EldredgeMassachusetts Supreme Judicial Court · 1928
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