Beal v. Warren
Massachusetts Supreme Judicial Court
Action of tort for breaking and entering the plaintiff’s close, and cutting.and carrying away ten cords of wood. Answer, title in Azel H. Warren, one of the defendants.
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Action of tort for breaking and entering the plaintiff’s close, and cutting.and carrying away ten cords of wood. Answer, title in Azel H. Warren, one of the defendants. At the trial in the court of common pleas, before Hoar, J. the plaintiff gave in evidence a deed from Simeon Warren, dated May 21st 1851, and recorded the. next day, purporting to be made in consideration of $500 paid to the grantor, and to convey the premises to Ruth F. Quindley, (then and still a married woman,) “to have and to hold the same to her, her heirs and assigns, forever, and to her and their own use and behoof…
1Opinion of the CourtThomas, J.
Two questions are raised by, and have been argued upon these exceptions : 1st. What effect, if any, is to be *450given to the deed of Simeon Warren to Mrs. Quindley ? 2d, What effect, if any, is to be given to the deed of Mrs. Quindley to the plaintiff?
1. The deed from Simeon Warren to Mrs. Quindley was a voluntary deed of gift, the grantor not being indebted at the time of the grant, and no actual intent to defraud future creditors being charged or shown. The estate was subsequently conveyed to one of the defendants, Azel H. Warren, by Simeon Warren, for a* valuable consideration. No question is…
2Cases cited7 opinions
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- Salmon v. BennettSupreme Court of Connecticut · 1816
- Jackson ex rel. Stewart v. TownNew York Supreme Court · 1825
- Bennett v. President of the Bedford BankMassachusetts Supreme Judicial Court · 1814
- Foster v. SimmonsU.S. Circuit Court for the District of District of Columbia · 1806
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