Legal Opinion

Blilings v. Parsons

Utah Supreme Court

Decided June 10, 1898No. 910PublishedCited by 4 opinions

Appeal from tlie Third district court, Salt Lake county ; Ogden Hiles, Judge. Payment of sum due the assignee is a badge of fraud, 'and it was error not to have so Ueated it. Giikerson v. Hamilton, Fed. Cas. No. 5424; Burrill on Assignments, sec. 145. If all creditors reject the trust, the assignee has but a naked power which the grantor may revoke. Smith v. Keating, 6 Man.

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Appeal from tlie Third district court, Salt Lake county ; Ogden Hiles, Judge. Payment of sum due the assignee is a badge of fraud, 'and it was error not to have so Ueated it. Giikerson v. Hamilton, Fed. Cas. No. 5424; Burrill on Assignments, sec. 145. If all creditors reject the trust, the assignee has but a naked power which the grantor may revoke. Smith v. Keating, 6 Man. G. & S. 158; Bernard v. Neely, 2 Sneed (Tenn.) 164 ; Mills v. Haines, 3 Head (Tenn.) 382 ; Gibson v. 6hadic, 1 Nev. 501; Moans v. Lamar, 21 Ala. 333-5; Pitts v. Tiley, 4 Bibb. 446. “When a case is tried by the court…

1Opinion of the Court

Minee, J.:

It appears from the record that N. C. Christenson made a deed of assignment of all of his property for the benefit of all his creditors, without preference, to respondent, Billings. The appellant, as. United States marshal, thereafter levied certain executions upon the assigned property, and sold it, whereupon this action for conversion was brought by the respondent. The case was tried before the court without a jury,, and judgment found in favor of the plaintiff. The appeal is taken from the judgment. The court, in its general findings, found all the issues in favor of the…

2Cases cited16 opinions

  1. Brooks v. MarburySupreme Court of the United States · 1826
  2. Roan v. WinnSupreme Court of Missouri · 1887
  3. Governor v. CampbellSupreme Court of Alabama · 1850
  4. Fox v. HaarstickSupreme Court of the United States · 1895
  5. Hollister v. LoudMichigan Supreme Court · 1852

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3Cited by4 opinions

  1. Mason v. MasonUtah Supreme Court · 1945
  2. Ned J. Bowman Company v. WhiteUtah Supreme Court · 1962
  3. Salina Canyon Coal Co. v. KlemmUtah Supreme Court · 1930
  4. Snyder v. MurdockUtah Supreme Court · 1899

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