Cook v. Swan
Supreme Court of Connecticut
This was an action of ejectment, tried, on the general issue, at Norwich, January term, 1823, before Brainard, J. The plaintiff claimed title, by virtue of the levy of an execution in his favour against Nathan Swan, father of the defendant, The defendant claimed title, by virtue of a mortgage deed from Nathan Swan to him, dated the 8th of January, 1821. This deed the plaintiff claimed was fraudulent and void, having been executed for the purpose of defeating creditors of…
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This was an action of ejectment, tried, on the general issue, at Norwich, January term, 1823, before Brainard, J. The plaintiff claimed title, by virtue of the levy of an execution in his favour against Nathan Swan, father of the defendant, The defendant claimed title, by virtue of a mortgage deed from Nathan Swan to him, dated the 8th of January, 1821. This deed the plaintiff claimed was fraudulent and void, having been executed for the purpose of defeating creditors of their just debts. It was proved, that for several years prior to the 15th of July, 1820, Nathan Swan was owner of a farm…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiff claims tittle to the premises demanded, by the levy of an execution upon it, as being the estate of Nathan Swan; and the defendant, by a mortgage deed, from the said Nathan, dated the 8th day of January, 1821. This deed, it is insisted, by the plaintiff, was fraudulent, having been executed, by the grantor, for the purpose of defeating creditors of their just debts. Whether the above deed was fraudulent, is the material question in the case.
On the 15th of July, 1820, Nathan Swan, being largely indebted, having received from his son, the defendant, a bond and…
2Cases cited2 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Giddings v. CanfieldSupreme Court of Connecticut · 1823
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