Baldwin v. Buckland
Michigan Supreme Court
Appeal in Chancery from Oakland Circuit. The original' bill was filed by Baldwin, to quiet his title to certain real estate which he had purchased of Albert F. Draper, who claimed the same under a general assignment made to him in October, 1857, by James A. Weeks, for the benefit of his creditors.
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Appeal in Chancery from Oakland Circuit. The original' bill was filed by Baldwin, to quiet his title to certain real estate which he had purchased of Albert F. Draper, who claimed the same under a general assignment made to him in October, 1857, by James A. Weeks, for the benefit of his creditors. The defendants, being execution creditors of Weeks, and claiming this assignment to be fraudulent in fact, had caused the same lands to be sold on execution, and now claimed them adversely to Baldwin. Cross bills were filed by the defendants to have Baldwin’s title declared invalid, and their own…
1Opinion of the Court
Martin Ch. J.:
The rights of the respective parties in this case depend upon the fact, of the fraud or good faith of Weeks, through Whom all claim, in making the assignment to Draper. If the assignment was made in good faith the bill of the complainant Baldwin must be sustained: if otherwise, it must be' dismissed, and the title of the defendants sustained and established. Fraud is a question of fact, to be made out like any other fact. The fraudulent intent of the assignor must "be proved by such evidence as is required to establish any other fact. This may be by the acts and declarations of…
2Cited by4 opinions
- Frankel v. CootsMichigan Supreme Court · 1879
- Beard v. BlileyColorado Court of Appeals · 1893
- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885
- Beard v. BlileyColorado Court of Appeals · 1893