Legal Opinion

Tyndale v. Stanwood

Massachusetts Supreme Judicial Court

Decided March 1, 1906PublishedCited by 9 opinions

Writ op entry, in tbe Superior Court dated October 15, 1902, under R. L. c. 146, § 17, for a certain parcel of land in Quincy with the buildings thereon, which the demandant alleged that he was licensed to sell as the administrator of the estate of Isabella S. Whicher, and which he alleged had been fraudulently conveyed by his intestate to the tenant.

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Writ op entry, in tbe Superior Court dated October 15, 1902, under R. L. c. 146, § 17, for a certain parcel of land in Quincy with the buildings thereon, which the demandant alleged that he was licensed to sell as the administrator of the estate of Isabella S. Whicher, and which he alleged had been fraudulently conveyed by his intestate to the tenant. Writ op entry, in the Land Court dated August 16, 1905, under the same statute between the same parties for the same parcel of land. In the action in the Superior Court the demandant by leave of court amended his declaration by alleging the…

1Opinion of the CourtKnowlton, C. J.

The first of these two cases was before this court nearly two years ago, and was reported in 186 Mass. 59. It was then decided that the demandant could not recover because his action was prematurely brought. It is a writ of entry, brought by an administrator to recover from the tenant real estate alleged to have been conveyed to him by the intestate in fraud of her creditors. When it was brought, the demandant had been licensed by the Probate Court to sell the real estate to pay debts, and an appeal had been taken from the decree of that court, which appeal was then pending. More than a year…

2Cases cited3 opinions

  1. Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
  2. Tyndale v. StanwoodMassachusetts Supreme Judicial Court · 1904
  3. Commonwealth v. McDonaldMassachusetts Supreme Judicial Court · 1905

3Cited by9 opinions

  1. Stone v. DuffyMassachusetts Supreme Judicial Court · 1914
  2. Hooker v. PorterMassachusetts Supreme Judicial Court · 1930
  3. Ryan v. McManusMassachusetts Supreme Judicial Court · 1948
  4. Stockwell v. ShalitMassachusetts Supreme Judicial Court · 1910
  5. Sullivan v. LloydMassachusetts Supreme Judicial Court · 1915

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