Low v. Marco
Supreme Judicial Court of Maine
ON Exceptions from Nisi Prius, Appleton, C. J., presiding. Writ op Entry, Tlie action was referred to John Appleton, by rule of Court, with right to except. The referee made the following special report: — " I find that the title to the demanded premises was in Charles I). Gilmore and Calvin II.
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ON Exceptions from Nisi Prius, Appleton, C. J., presiding. Writ op Entry, Tlie action was referred to John Appleton, by rule of Court, with right to except. The referee made the following special report: — " I find that the title to the demanded premises was in Charles I). Gilmore and Calvin II. Whitney, who, on May 14, 1851, conveyed the same by deed to Abigail Hussey, wife of Eranklin Hussey; that, on Dee. 8, 1863, said Abigail Hussey conveyed the same by deed of quitclaim to the demandant, both deeds being duly recorded. "I find, therefore, the legal title to the demanded premises to be in…
1Opinion of the CourtKent, J.
The referee finds that the legal title to the premises demanded is in the demandant. This fact is clear *47upon the ease as stated in the report. lie is, therefore, entitled to judgment, unless the defendant shows a belter title, or pome legal reason why the legal title should not prevail.
The evidence offered by the defendant, it is to be assumed in this hearing, establishes these facts, — that the conveyance to Abigail Hussey was made on the consideration of payment by her husband, who was insolvent at the time,' and for the purpose of keeping the property out of the reach of the creditors of…
2Cases cited1 opinion
- Dodds v. CombsCourt of Appeals of Kentucky · 1860
3Cited by1 opinion
- Hardenburgh v. BlairNew Jersey Court of Chancery · 1878