Suydam v. Dequindre
Michigan Court of Chancery
Bill filed by creditors to set aside a deed,of assignment on the ground of fraud, or to enforce the execution of the trust under the deedv To this bill the defendants demurred. 1. The deed from Dequindre to Desnoyers created a trust which Desnoyers accepted by executing the deed and putting the same on record. See Jeremy’s Eq. 138. The transcript of the record certified is evidence of itself of the contents thereof and of the due execution of the deed.
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Bill filed by creditors to set aside a deed,of assignment on the ground of fraud, or to enforce the execution of the trust under the deedv To this bill the defendants demurred. 1. The deed from Dequindre to Desnoyers created a trust which Desnoyers accepted by executing the deed and putting the same on record. See Jeremy’s Eq. 138. The transcript of the record certified is evidence of itself of the contents thereof and of the due execution of the deed. R. S. 261, Sec. 31 Laws of 1840, 167, Sec. 6. 2. Desnoyers having accepted the trust was bound to execute it faithfully, and a court of equity…
1Opinion of the Court
The Chancellor.
The first point made in support of the demur'' *348rer that the time limited in the deed of assignment for closing the trust hud- not expired at the time of filing the bill in this cause. The deed of assignment was made on the twenty-fourth day of October, eighteen hundred and thirty-six; the time limited for closing the trust expired on the twenty-fourth day of April, eighteen hundred and forty, and the bill was filed on the ninth of March, eighteen hundred and forty.
The bill alleges that the assignment was fraudulent, and it is further alleged that the trustee up to the time of…
2Cases cited2 opinions
- Eagle Fire Co. v. LentNew York Court of Chancery · 1837
- Hart v. CraneNew York Court of Chancery · 1837
3Cited by1 opinion
- Broadwell v. NixonSupreme Court of New Jersey · 1817