Drinkwater v. Drinkwater
Massachusetts Supreme Judicial Court
This was a writ of entry, wherein the plaintiff declares that the said Prince, on the 23d day of September,. 1803, was seised in fee of the premises demanded, and being so seised, by his deed of that date, duly executed and recorded, for the consideration of 500 dollars, conveyed the same to the plaintiff, to hold in fee and in mortgage, and that he ought to be in quiet and actual possession of the same; but that the said Syhanus had, since that time, entered into the…
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This was a writ of entry, wherein the plaintiff declares that the said Prince, on the 23d day of September,. 1803, was seised in fee of the premises demanded, and being so seised, by his deed of that date, duly executed and recorded, for the consideration of 500 dollars, conveyed the same to the plaintiff, to hold in fee and in mortgage, and that he ought to be in quiet and actual possession of the same; but that the said Syhanus had, since that time, entered into the premises, and still holds possession thereof from the demandant. [ * 355 ] *Upon the general issue pleaded, the cause was…
1Opinion of the Court
* Parsons, C. J.
The plaintiff has sued a writ of [*357] entry against the defendant, to foreclose a mortgage made to him by Prince, the intestate. On the trial, he produced the mortgage deed, the execution of which is agreed. The defence is, that the mortgage is not bona fide, nor for valuable consideration, but made to defraud the creditors of the mortgagor. And the question submitted is, whether in this case it is competent for the defendant to make this defence.
A conveyance to defraud creditors is good against the grantor and his heirs, and is void only as to creditors. For neither the…
2Cases cited7 opinions
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
- Gibson v. FarleyMassachusetts Supreme Judicial Court · 1820
- Scott v. HancockMassachusetts Supreme Judicial Court · 1816
- Hardy v. CallMassachusetts Supreme Judicial Court · 1819
2 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
- Clemens v. ClemensWisconsin Supreme Court · 1871
45 more not listed; retrieve them via the Exa API.