Hafner v. . Irwin

This was an action of trover. The plaintiff read a deed in trust by one Dwight, dated 13 January and registered 18 January, 1838, the purport of which deed was to convey to the plaintiff, as trustee, a large amount of personal property, in trust to sell the said property after advertising twenty days in the neighborhood, and out of the proceeds of such sale to pay certain creditors named in the said deed: Provided,however, that the said Dwight did not pay his said creditors on or before 20 February next ensuing the date of the said deed; and if the (491) said Dwight should so pay his said…