Legal Opinion

Lyon v. Clark

Michigan Supreme Court

Decided March 30, 1903No. Docket No. 16PublishedCited by 7 opinions

Appeal from Clinton; Stone, J. Bill by Willard C. Lyon, trustee in bankruptcy of the estate of Fred E. Hazle and Frank B. Clark, against Nathaniel J. Clark and Mary E. Clark, to set aside a deed. From a decree for complainant, defendants appeal.

1Opinion of the CourtMontgomery, J.

Some of the facts in this case were before the court in the case of Lyon v. Clark, 129 Mich. 381 (88 N. W. 1046). The present case is, however, a bill filed to set aside a transfer of other property, viz., a store building, made by Frank B. Clark, one of the bankrupts, to the defendant Nathaniel J. Clark, on September 5, 1898. Two grounds are alleged : First, that the transfer was fraudulent; and, second, that it constituted an unlawful preference in violation of the bankrupt act.

We are not able to discover any testimony in the record justifying the finding that there was any fraud in fact in…

2Cases cited2 opinions

  1. Lyon v. ClarkMichigan Supreme Court · 1902
  2. Curtis v. ClarkeMichigan Supreme Court · 1897

3Cited by7 opinions

  1. Lavin v. LynchMichigan Supreme Court · 1918
  2. Darr v. First Federal Savings & Loan Ass'nMichigan Supreme Court · 1986
  3. Paternoster v. Van MeaghenMichigan Supreme Court · 1941
  4. Lyon v. ClarkMichigan Supreme Court · 1904
  5. Waechter v. WildeWyoming Supreme Court · 1934

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