160 Mass. 111 | Mass. | 1893
Upon the question of equitable estoppel, we think the tenant had evidence entitling him to go to the jury. The evidence would have warranted the jury in finding that the demandant signed her husband’s deed to the tenant, “knowing that it purported to convey a good title to the lot; that her husband took from the tenant in exchange a farm, which he soon after sold and conveyed, she signing the deed in release of dower and homestead, and knowing all the particulars of the transaction ; that she was aware that the tenant soon after getting his deed took possession of the lot and occupied it as his own, cutting grass, picking apples, cutting down apple trees, paying taxes, building a cellar wall, and doing other work in prepara
Upon the question of fraudulent conveyance the evidence is meagre as to the probable or possible amount of the claim against the demandant’s husband, the value of the homestead conveyed through Munroe to the demandant, and the amount of other property held by her husband which was open to attachment, and upon another trial the evidence may be more full, and we express no opinion upon that question as the evidence now stands.
JExceptions sustained.