Newcomb v. Wing
Massachusetts Supreme Judicial Court
This was an action of debt upon an administration bond, brought in the name of the judge of probate for the countv of Franklin for the benefit of Epaphroditus Champion. The defendants pleaded a general performance of the condition.
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This was an action of debt upon an administration bond, brought in the name of the judge of probate for the countv of Franklin for the benefit of Epaphroditus Champion. The defendants pleaded a general performance of the condition. The plaintiff replied, that B. Leonard the intestate, on the 27th of October, 1820, was seised in fee simple of certain parcels of land in Conway ; that on the 28th he fraudulently conveyed them to Wing (the administrator) with intent to defraud and deceive his creditors of their just debts ; that this real estate was at the time of Leonard’s death liable for the…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. It is made a question, whether upon the facts set forth in the replication, admitting them to be rightly pleaded, the plaintiff is entitled to his action. The substance of the replication is, that certain real estate of the intestate had been fraudulently conveyed by him in his lifetime, and that being liable by law to his debts, it ought to have been inventoried ; and the breach of the bond alleged in the replication, is the not inventorying this real estate. It is doubtful, at least, whether the replication is sufficiently particular. It does…
2Cases cited3 opinions
- Robbins v. HaywardMassachusetts Supreme Judicial Court · 1820
- Dawes v. SweetMassachusetts Supreme Judicial Court · 1817
- Prescott v. ParkerMassachusetts Supreme Judicial Court · 1817