Horbach v. Hill
Supreme Court of the United States
. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. This is a suit to set aside a sale of certain real property in Omaha, Nebraska, to John A. Horbach, the defendant in the court below, the appellant here, by one John A. Parker, Senior, on the ground that it was made to hinder, delay, and defraud the latter’s creditors, of whom the complainant claims to be one.
Read the full summary
. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. This is a suit to set aside a sale of certain real property in Omaha, Nebraska, to John A. Horbach, the defendant in the court below, the appellant here, by one John A. Parker, Senior, on the ground that it was made to hinder, delay, and defraud the latter’s creditors, of whom the complainant claims to be one. The material facts, briefly stated, are as follows: In March, 1871, one John A. Parker, Jr., died at Omaha, intestate, possessed of certain unimproved real property in that city. He ‘ also held a deed of…
1Opinion of the CourtJustice Field
líe stated the facts in the foregoing language and continued:
There are several fatal objections to the decree in this case. In the first place’, there is no evidence affecting the good faith of the sale and conveyance from Parker, Senior’ to the defendant, in March, 1871. It was known that the deceased owed several debts, and as there were no personal effects, that the -real property was liable to be sold for their payment. Under these circumstances, the price paid by the defendant is not shown to be inadequate. And there is no evidence that he had any knowledge of the debt of Parker, Senior,…
2Cited by34 opinions
- Schreyer v. ScottSupreme Court of the United States · 1890
- Driggs & Co.'s Bank v. NorwoodSupreme Court of Arkansas · 1887
- Wallace. v. JohnstoneSupreme Court of the United States · 1889
- General Kontrolar Co. v. AllenCourt of Appeals for the Sixth Circuit · 1942
- Merchants' Bank v. ThomasCourt of Appeals for the Fifth Circuit · 1903
29 more not listed; retrieve them via the Exa API.