Gilcreast v. Bartlett
Supreme Court of New Hampshire
Bill in Equity, to remove a cloud from the plaintiff’s title,, caused by (lie levy hereinafter mentioned. Facts found, and case transferred from tbe January term, 1906, of the superior court, by Chamberlin, J. Tbe present plaintiff was the defendant in Bartlett v. Gilcreast, 72 N. H. 145, and the present defendant was the former plaintiff.
Read the full summary
Bill in Equity, to remove a cloud from the plaintiff’s title,, caused by (lie levy hereinafter mentioned. Facts found, and case transferred from tbe January term, 1906, of the superior court, by Chamberlin, J. Tbe present plaintiff was the defendant in Bartlett v. Gilcreast, 72 N. H. 145, and the present defendant was the former plaintiff. After the decision in that action, the judgment in favor of Sleeper against John R. Gilcreast was sued and a new judgment was recovered, from which an execution issued and was levied February 20,. 1905, upon all the right in equity of John R. to redeem the…
1Opinion of the CourtChase, J.
The title set up by Bartlett in the former action was a levy which was held to be void. Bartlett v. Gilcreast, 72 N. H. 145. It is apparent from the facts reported in that case and in this, and from the former opinion of this court, that the bill in that action was dismissed because of Bartlett’s failure to show that he had a valid title to the property upon which the alleged cloud existed. The judgment, therefore, was not an adjudication that the conveyance of April 13, 1897, from John B. Gilcreast to his wife, was a gift to her and was fraudulent and void as against his creditors. Neither…
2Cases cited5 opinions
- Ashland Savings Bank v. MeadSupreme Court of New Hampshire · 1885
- Brookfield v. SawyerSupreme Court of New Hampshire · 1895
- Comey v. PickeringSupreme Court of New Hampshire · 1884
- Bartlett v. GilcreastSupreme Court of New Hampshire · 1903
- Lewis v. DudleySupreme Court of New Hampshire · 1900
3Cited by1 opinion
- Sbarbero v. MillerNew Jersey Court of Chancery · 1907