Chittenden v. Brewster
Supreme Court of the United States
This was an appeal from a decree of tbe Circuit Court for the Northern District of Illinois. The suit was a creditor’s bill filed against .a judgment debtor and his assignees, the defendants in the case, to set aside an assignment made by the debtor tó hinder and delay creditors.
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This was an appeal from a decree of tbe Circuit Court for the Northern District of Illinois. The suit was a creditor’s bill filed against .a judgment debtor and his assignees, the defendants in the case, to set aside an assignment made by the debtor tó hinder and delay creditors. The assignment was made on the 4th of November, 1857, to Brewster and-Clark, two of the defendants, and purported to convey to them all the property, real and personal, of the debtor, in trust, to convert the same into' money, either at publip of private sale, and pay certain preferred creditors named. The judgment…
1Opinion of the CourtJustice Nelson
It does not appear from the proofs in the ease, that executions had been issued:, and returned unsatisfied, as averred in the bill, and for the proof of which the answer of defendants called; and it is objected by the counsel for the appellees that this defect is fatal to the right of the complainants to maintain their bill. This would be so., if the appellees, against whom the decree was rendered, had appealed from the same, as in the case of Jones v. Green. * See also, Day et al. v. Washburn et al. † But here the complainants only have appealed, and the rule is settled in the appellate…
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