Legal Opinion

Holbrook v. Holbrook

Massachusetts Supreme Judicial Court

Decided September 15, 1873PublishedCited by 6 opinions

Writ of entry to recover possession of land the record title to which was in the defendant wife, and upon which the plaintiff had levied an execution against the defendant husband under Gen. Sts. c. 103, § 1. At the trial in the Superior Court before Dewey, J., it appeared that at December term, 1871, of that court, Amos A. Holbrook and his wife Mary A. Holbrook, the present plaintiff, recovered judgment in an action of tort against John W. Holbrook for the sum of $600 and…

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Writ of entry to recover possession of land the record title to which was in the defendant wife, and upon which the plaintiff had levied an execution against the defendant husband under Gen. Sts. c. 103, § 1. At the trial in the Superior Court before Dewey, J., it appeared that at December term, 1871, of that court, Amos A. Holbrook and his wife Mary A. Holbrook, the present plaintiff, recovered judgment in an action of tort against John W. Holbrook for the sum of $600 and costs ; that on the execution thereupon issued, the land described in the writ was seized as the land of John W.…

1Opinion of the CourtAmes, J.

It has often been held, and is a well established rule, that upon the trial of the question whether a particular conveyance was made to defraud creditors, it is not competent to show the acts or declarations of the grantor after the conveyance, to impair or affect the title of the grantee. Bridge v. Eggleston, 14 Mass. 245. Foster v. Hall, 12 Pick. 89; Aldrich v. Earle, 13 Gray, 578. Taylor v. Robinson, 2 Allen, 562. It is true that the alleged fraud in this case did not take the form of a deed from the person who is charged with the intent to defeat, delay or defraud his creditors. The claim…

2Cases cited1 opinion

  1. Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817

3Cited by6 opinions

  1. Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
  2. Hart v. BrierleyMassachusetts Supreme Judicial Court · 1905
  3. Thornton v. GaarSupreme Court of Virginia · 1891
  4. O'Donnell v. HallMassachusetts Supreme Judicial Court · 1891
  5. Roberts v. MedberyMassachusetts Supreme Judicial Court · 1882

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