Lefmann v. Brill
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. This is a bill to enforce a mortgage upon real estate made by J. W. Brill January 22, 1901, to secure the mortgagor’s note of even date for $6,200, payable to the mortgagee, Charles F. Lefmann.
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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. This is a bill to enforce a mortgage upon real estate made by J. W. Brill January 22, 1901, to secure the mortgagor’s note of even date for $6,200, payable to the mortgagee, Charles F. Lefmann. The prayer of the bill is for a sale of the mortgaged premises to satisfy the debt secured. 'Shortly after this mortgage was executed Mrs. Louisa K. Brill, the wife of the mortgagor, filed a petition in the court of common pleas for Cuyahoga county, Ohio, against her husband, the mortgagor, to…
1Opinion of the CourtLurton, Circuit Judge
A conveyance in fraud of the creditors of the grantor, or a mortgage made to hinder, delay, and defraud creditors, is good between the parties and those in privity with them. The statute of Elizabeth-is only intended to protect creditors, as to all others the mortgage or conveyance is valid. 14 Am. & Eng. Ency. Eaw, 272 et seq.; Barton v. Morris, 15 Ohio, 408; Pride v. Andrew, 51 Ohio St. 405, 38 N. E. 84; Maley v. Barrett, 2 Sneed, 501; Battle v. Street, 85 Tenn. 282, 2 S. W. 384; Williams’ Adm’r v. Williams, 34 Pa. 312. It is therefore settled by the weight of reason and authority that, if…
2Cases cited29 opinions
- Scott v. NeelySupreme Court of the United States · 1891
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Humphreys v. McKissockSupreme Court of the United States · 1891
- Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
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