Winchester v. Charter
Massachusetts Supreme Judicial Court
Writ of entry brought by the demandant as assignee in insolvency of the estate of the defendant, Daniel Charter, to recover possession of four parcels of real estate in Springfield. The tenants jointly pleaded nul disseisin.
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Writ of entry brought by the demandant as assignee in insolvency of the estate of the defendant, Daniel Charter, to recover possession of four parcels of real estate in Springfield. The tenants jointly pleaded nul disseisin. This is the same case which formerly came before this court as reported 12 Allen, 611. At the new trial in the superior court, before Wilkinson, J., it appeared in evidence that the premises were owned by Daniel Charter, who conveyed them to Henry Kennedy by deed dated August 2,1860, and recorded January 11,1861, who conveyed them to Mrs. Charter January 25, 1861; and…
1Opinion of the CourtFoster, J.
Three questions arising upon this bill of excep tians are insisted upon by the demandant.
1. The rule that the acts and declarations of a grantor, aftei he has divested himself of the estate, shall not be admitted to *143impeach the title of the grantee is well settled, and not to be departed from. We think it applicable where a voluntary conveyance is impeached as fraudulent against subsequent creditors, as well as where the object was to prevent the property from going to satisfy existing debts. In Aldrich v. Earle, 13 Gray, 578, this rule was applied to a case where, as here, the husband, who…
2Cited by19 opinions
- Woodard v. WoodardMassachusetts Supreme Judicial Court · 1913
- Schaible v. ArdnerMichigan Supreme Court · 1893
- Rudy v. AustinSupreme Court of Arkansas · 1892
- Atwood v. ScottMassachusetts Supreme Judicial Court · 1868
- Rice v. CunninghamMassachusetts Supreme Judicial Court · 1875
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