Manley v. Mickle
New Jersey Court of Chancery
On appeal from an order for further answer and discovery advised by Vice-Chancellor Pitney, who delivered the following opinion: The object of the bill is to establish a secret trust in real estate and thereby to divest the lien of a judgment against the holder of the legal title. The trust is alleged to result from the investment of trust moneys in lands by a deed which, through mistake and oversight, did not declare the trust.
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On appeal from an order for further answer and discovery advised by Vice-Chancellor Pitney, who delivered the following opinion: The object of the bill is to establish a secret trust in real estate and thereby to divest the lien of a judgment against the holder of the legal title. The trust is alleged to result from the investment of trust moneys in lands by a deed which, through mistake and oversight, did not declare the trust. The bill alleges the investment of the trust fund in the land, and that after the recovery of the judgment the mistake was attempted to be corrected by a conveyance…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
We agree with the vice-chancellor that the cross-bill is maintainable as a bill for relief. The judgment creditor was entitled to seek a decree declaring the trust deed void. The complainants might dismiss their bill and the deed would stand of record a perpetual menace. The cross-bill was in the nature of a bill quia timet.
Even if this were not so, nevertheless the complainants having submitted to answer the cross-bill were bound to answer it fully. Hogencamp v. Ackerman, 2 Stock. 267; Vreeland v. New Jersey Stone Co., 10 C. E. Gr. 140.
*566But…
2Cases cited5 opinions
- Badger v. McNamaraMassachusetts Supreme Judicial Court · 1877
- Huntington v. SaundersSupreme Court of the United States · 1887
- Ward v. PeckMassachusetts Supreme Judicial Court · 1873
- McClanahan v. DavisSupreme Court of the United States · 1850
- In re the Probate of the Will of MethotNew Jersey Superior Court Appellate Division · 1916