Maynard v. Hoskins
Michigan Supreme Court
Appeal from Washtenaw Circuit in Chancery. The bill was filed, to subject certain lands to the payment of a judgment, rendered in November, 1857, in favor of complainant, against the defendant Thomas J. Hoskins, The bill alleges that the lands were bought by said Thomas J. Hoskins, with his own money, who caused them to be conveyed by the seller to his wife Martha L. Hoskins, for the fraudulent purpose of keeping them, beyond the reach of his creditors.
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Appeal from Washtenaw Circuit in Chancery. The bill was filed, to subject certain lands to the payment of a judgment, rendered in November, 1857, in favor of complainant, against the defendant Thomas J. Hoskins, The bill alleges that the lands were bought by said Thomas J. Hoskins, with his own money, who caused them to be conveyed by the seller to his wife Martha L. Hoskins, for the fraudulent purpose of keeping them, beyond the reach of his creditors. It states that Hoskins, on making the purchase, took possession of the premises and made valuable improvements thereon, but that Mrs.…
1Opinion of the Court
Manning J.:
The bill is in aid of an execution at law, and not a judgment creditor’s bill under the statute, after an execution returned unsatisfied in whole or in part. It states that the premises levied on were purchased and paid for by Thomas J. Hoskins, the judgment debtor, and that a conveyance was taken by him in the name of his wife, Martha L. Hoskins, to keep them from his creditors; and that Mrs. Hoskins, afterwards, with a like intent conveyed them to Henning, who the bill charges had notice of the intended fraud.
Previous to the Revised Statutes of 1846, if one purchased real estate…
2Cases cited2 opinions
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Brewster v. PowerNew York Court of Chancery · 1844
3Cited by8 opinions
- Root v. PotterMichigan Supreme Court · 1886
- Patton v. ChamberlainMichigan Supreme Court · 1880
- Hartwig v. RushingOregon Supreme Court · 1919
- Buhl v. KenyonMichigan Supreme Court · 1863
- Converse v. Michigan Dairy Co.U.S. Circuit Court for the District of Western Michigan · 1891
3 more not listed; retrieve them via the Exa API.