Logan v. Brick
Court of Chancery of Delaware
Bill by creditors to set aside a conveyance.—This bill was filed by the complainants, judgment creditors of John R. Brick, one of the defendants, to set aside a deed from himself and wife, dated July 1st, 1851, conveying to his son, Edmund Brick, a large tract of land in Kent county, known as Bombay Hook Island, on the ground that the conveyance was voluntary, without consideration and in fraud of creditors.
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Bill by creditors to set aside a conveyance.—This bill was filed by the complainants, judgment creditors of John R. Brick, one of the defendants, to set aside a deed from himself and wife, dated July 1st, 1851, conveying to his son, Edmund Brick, a large tract of land in Kent county, known as Bombay Hook Island, on the ground that the conveyance was voluntary, without consideration and in fraud of creditors. The bill alleged that the grantor was, at the time of the conveyance, in failing circumstances; that the grantee was insolvent; that nothing was paid as the consideration for the…
1Opinion of the Court
Harrington, Chancellor.
Part of the relief sought by this bill is that the mortgages held by Rachel Rogers against the property in controversy prior to the conveyance of it by John R. Brick to his son, may be set aside, on the ground of fraud in those mortgages. But Rachel Rogers by her answer positively denies the alleged fraud, setting forth the consideration of the mortgages, and the answer is supported by evidence. The creation of both of these mortgage liens on Bombay Hook Island was long prior, in point of time, to the conveyance of that property to Edmund Brick, the Pearson mortgage…
2Cited by1 opinion
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