Hunter v. Case
Supreme Court of Vermont
Trustee Process. After judgment had been rendered against the principal defendants, the trustees filed their disclosures, and the plaintiff filed allegations; and the case was tried by jury, upon the allegations, June Term, 1846, — Bennett, J., presiding.
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Trustee Process. After judgment had been rendered against the principal defendants, the trustees filed their disclosures, and the plaintiff filed allegations; and the case was tried by jury, upon the allegations, June Term, 1846, — Bennett, J., presiding. On trial it appeared from the disclosures and the evidence on the part of the plaintiff, that the trustees had, at some previous time, received from one of the principal defendants a deed of a house and land ; and that, aside from this, the trustees had no goods, effects, or credits, of the principal defendants in their hands. The court left…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The material question in this case is, whether, from the facts found the persons summoned as trustees should he adjudged chargeable. The jury have settled the point, that the real estate was conveyed to the trustees in fraud of creditors. Under the statute of 1797 it has been frequently decided, that a fraudulent grantee of lands, by reason of which fraud the conveyance is void against the creditors of the grantee, cannot, simply for that cause, be adjudged his trustee. The only inquiry, which can be an open question, is, whether the Revised…
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