Legal Opinion

Nicholson v. Schmucker

Court of Appeals of Maryland

Decided June 18, 1895PublishedCited by 7 opinions

Appeal from the Circuit Court of Baltimore City. On February 24th, 1892, Johns H. R. Nicholson, who was the surviving partner of the banking firm'of J. J. Nicholson & Sons, was adjudicated an insolvent debtor, and the appellee became in due course permanent trustee of the insolvent’s estate.

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Appeal from the Circuit Court of Baltimore City. On February 24th, 1892, Johns H. R. Nicholson, who was the surviving partner of the banking firm'of J. J. Nicholson & Sons, was adjudicated an insolvent debtor, and the appellee became in due course permanent trustee of the insolvent’s estate. On the 31st day of October, 1891, being less than four months prior to the filing of the petition in insolvency, the insolvent, jointly with his wife, executed to his brother, who is the appellant, Isaac L. Nicholson, Jr., a deed conveying certain real estate in Baltimote City, including an undivided…

1Opinion of the CourtBriscoe, J.

This is a proceeding, in equity by Samuel D.' Schmucker, trustee in insolvency of Johns H. R. Nicholson, to avoid and set aside a conveyance of certain real estate made by deed to the appellant, Bishop Nicholson, as trustee for his sisters, Mrs.'White and Mrs. Shriver. Bishop Nicholson owned at the time of the purchase one-seventh of the property in his own right and held five-sevenths as trustee for his sisters, which, with the one-seventh here conveyed by his brother Johns, gave him the entire property. The- bill charges, first, that the deed was made with intent to delay, hinder and…

2Cases cited5 opinions

  1. Cook v. TullisSupreme Court of the United States · 1874
  2. Ellicott v. TurnerCourt of Appeals of Maryland · 1853
  3. Bush v. BoutelleMassachusetts Supreme Judicial Court · 1892
  4. Williams v. ClarkSupreme Court of Minnesota · 1891
  5. Hinkleman, Jackson & Co. v. FeyCourt of Appeals of Maryland · 1894

3Cited by7 opinions

  1. City of Burlington Ex Rel. Board of School Commissioners v. Mayor of BurlingtonSupreme Court of Vermont · 1925
  2. Annapolis Fire & Marine Insurance v. RichCourt of Appeals of Maryland · 1965
  3. Berman v. ELM Loan & Savings Ass'nCourt of Appeals of Maryland · 1910
  4. Applegarth v. WagnerCourt of Appeals of Maryland · 1897
  5. Atlantic City Electric Co. v. Taxation Division DirectorNew Jersey Tax Court · 1982

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