Cutter v. Griswold
Michigan Court of Chancery
In October, 1S40, Henry D. Garrison obtained a judgment against Eber Griswold, for $425.45 damages, and $41.69 costs, in the Circuit Court for the county of Berrien, on a note executed to Garrison in 1838, after Eber Griswold had married the widow Pool, by Hussey, Sanger and Mason, and guarantied by Eber Griswold, for a debt due from the widow Pool to Garrison previous to her marriage with Eber Griswold.
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In October, 1S40, Henry D. Garrison obtained a judgment against Eber Griswold, for $425.45 damages, and $41.69 costs, in the Circuit Court for the county of Berrien, on a note executed to Garrison in 1838, after Eber Griswold had married the widow Pool, by Hussey, Sanger and Mason, and guarantied by Eber Griswold, for a debt due from the widow Pool to Garrison previous to her marriage with Eber Griswold. Execution was taken out, and lot number two, on H. B. & C. W. Hoffman’s addition to' the village of Niles, was levied on by the sheriff, and, on the 3d day of July, 1841, sold by him to…
1Opinion of the Court
The Chancellor.
The lot in question was conveyed to Jerome by Griffin, in consideration of other lands conveyed at the same time to Griffin, by Eber Griswold, the father of Jerome. The purchase was made by Eber Gris-wold, and the consideration was paid by him, but the deed was taken in the name of his son, who then was, and still is, a minor.
Every voluntary conveyance by a father to his child, cannot be avoided by the creditors of the father. When made in good faith by way of advancement, and abundant means are retained by the father for the payment of his debts, the conveyance, though…
2Cases cited1 opinion
- In re WagerNew York Court of Chancery · 1836