President of the Oriental Bank v. Haskins
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in Roxbury Trial before Wilde, J. who made the following report of the case : The demandants claimed under a levy of an execution against John Haskins, made on the 19th of February 1840, the estate having been attached by them on the 20th of June 1838. The tenant claimed under a deed from said John Haskins, dated September 9tb, and recorded September 22d 1835. The demandants sought to impeach this deed as fraudulent against…
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Writ of entry to recover a parcel of land in Roxbury Trial before Wilde, J. who made the following report of the case : The demandants claimed under a levy of an execution against John Haskins, made on the 19th of February 1840, the estate having been attached by them on the 20th of June 1838. The tenant claimed under a deed from said John Haskins, dated September 9tb, and recorded September 22d 1835. The demandants sought to impeach this deed as fraudulent against creditors. To prove the fraud, they called John Haskins, thg grantor, who testified that he conveyed the demanded premises to his…
1Opinion of the CourtWilde, J.
Several exbeptions have been taken to the ruling of the court at the trial, as to the admission of evidence, and to the instructions given to the jury. These exceptions have been taken into consideration by the court, after hearing the arguments of counsel, and the opinion we have formed thereon I will now briefly state.
The tenant was permitted to prove by paroi the contents of a certain paper, being a written agreement whereby he had agreed to reconvey the demanded premises to the witness, on a certain contingency. It was testified by the witness, that this paper had been given up by him to…
2Cases cited12 opinions
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Blade v. NolandNew York Supreme Court · 1834
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3Cited by2 opinions
- Longfellow v. BarnardNebraska Supreme Court · 1899
- Bank of California v. Virtue & Scheck, Inc.California Court of Appeal · 1983