Cook v. Holbrook

The object of this suit is to reach and apply in payment of the plaintiffs’ debt certain real estate conveyed by their debtor, the defendant Holbrook, to the defendant Russ. The conveyance was a voluntary one, made by said Holbrook for the benefit of his children to the defendant Russ as trustee, and the plaintiffs were pre-existing creditors.

The court gave instructions to the jury as to the legal meaning of fraud which would invalidate such a conveyance, which were not excepted to, and are presumed to be appropriate. The plaintiffs requested the court to rule that “ fraud, in a voluntary…