Watkins v. Arms
Supreme Court of New Hampshire
Bill in Equity, to annul a deed of land and a transfer of bank stock. March 2, 1885, the plaintiff, a citizen of this state, attached the land and stock, and, subsequently having obtained a judgment, levied upon them as the property of A. S. Watkins.
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Bill in Equity, to annul a deed of land and a transfer of bank stock. March 2, 1885, the plaintiff, a citizen of this state, attached the land and stock, and, subsequently having obtained a judgment, levied upon them as the property of A. S. Watkins. March 9, 1885, Watkins filed his petition in the insolvency court of Windham county, Vermont, was by that court adjudged an insolvent debtor March 21, 1885, and on the same day all his .estate was conveyed to his assignee by deed, which, by the law of that state, relates to the date of the petition. The defendant and Watkins are citizens of…
1Opinion of the CourtCarpenter, J.
The plaintiff’s rights are not affected by the insolvency proceedings in Vermont. Perley v. Mason, 64 N. H. 6 ; Carbee v. Mason, 64 N. H. 10, and cases cited.
The conveyance of the land and bank stock to the defendant was absolute in terms, but was in fact a mere security. Watkins, upon payment of the mortgage debt was entitled to a reconveyance. This is a secret trust, and fraudulent in law, though no fraud was in fact intended. Stratton v. Putney, 63 N. H. 577, and cases cited.
Decree for the plaintiff.
Allen, J., did not sit: the others concurred.
2Cases cited3 opinions
- Stratton v. PutneySupreme Court of New Hampshire · 1885
- Carbee v. MasonSupreme Court of New Hampshire · 1885
- Perley v. MasonSupreme Court of New Hampshire · 1885
3Cited by3 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Quimby v. WilliamsSupreme Court of New Hampshire · 1893
- Belis v. BelisSupreme Court of New Hampshire · 1931