Massachusetts Supreme Judicial Court, 1804

Dudley v. Sumner

Dudley v. Sumner
Massachusetts Supreme Judicial Court · Decided October 15, 1804
1 Mass. 94

Dudley v. Sumner

Opinion of the Court

The Court

(Dana, C. J., Sedgwick, and Thacher, justices) said that the motion was made in season, within the reasonable construction of the rule; and gave leave to plead double, as prayed for

Swambly vs. Herby, vol. iv. 441, which must be considered as overruling the present so far as relates to this point. It is now settled that a grantor who has no interest, it competent to prove his deed fraudulent. Vol. xi. 498, Laker vs. Haynes.

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