Inman v. Mead
Massachusetts Supreme Judicial Court
Writ of entry to recover a tract of land in Milford. The demandant claimed title by virtue of the levy thereon of an execution in his favor against one John M. Daniels.
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Writ of entry to recover a tract of land in Milford. The demandant claimed title by virtue of the levy thereon of an execution in his favor against one John M. Daniels. At the trial in the superior court, before Wilkinson, J., the demandant contended, and there was evidence tending to show, that the land was conveyed to one Elbridge G. Cook by Daniels, April 11,1863, “ with intent to delay and defraud his cred itors, and on a trust for him, express or implied, whereby hi became entitled to a present conveyance,” and that “ at the time of his deed to Cook, Daniels was deeply indebted and…
1Opinion of the CourtHoar, J.
The officer’s return sets forth with distinctness that the premises were taken on execution on the 22d of September 1865. The next statement in the return is that on the 21st of October 1865 he caused three disinterested and discreet men to be sworn as appraisers, one of whom was appointed by the creditor and the other two by the officer, the debtor having been duly notified and neglecting to choose an appraiser. The time when the debtor was notified, and the time when the appraisers were appointed, is not distinctly given. The statute does not require that they shall be. Gen. Sts. c. 103, §…
2Cases cited1 opinion
- Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859
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