Wadsworth v. Williams
Massachusetts Supreme Judicial Court
Writ of entry brought by the assignee in insolvency of Daniel Bacon, to recover two parcels of land in Petersham. The tenant pleaded nul disseisin, and filed a specification of defence claiming title to the demanded premises under a conveyance from Avira Williams.
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Writ of entry brought by the assignee in insolvency of Daniel Bacon, to recover two parcels of land in Petersham. The tenant pleaded nul disseisin, and filed a specification of defence claiming title to the demanded premises under a conveyance from Avira Williams. At the trial in the superior court, before Ames, J., it appeared that the tenant owned a farm, of which these parcels were a part; and that in 1839 she conveyed it to her son Avira, who in 1857 conveyed it back to her, subject to a mortgage to Francis A. Brooks. The demandant contended that this conveyance by Avira was in fraud of…
1Opinion of the Court
Hoar, J.*
There are two objections taken by the tenant to the validity of the levy under which the demandant claims, neither of which seems to us sufficient to defeat it.
1. The levy was made upon" land, the record title of which stood in the name of Susannah Williams, but which was taken as the property of Avira Williams, upon the ground that the conveyance by him to Susannah Williams was fraudulent as to his creditors. After the land was taken on the execution, the completion of the levy was suspended on account of a prior attachment in favor of one Hapgood against Susannah and Avira…
2Cited by1 opinion
- Wadsworth v. WilliamsMassachusetts Supreme Judicial Court · 1868