Hoffman, Burneston & Co. v. Mackall
Ohio Supreme Court
In Chancery. Reserved in the District Court of Belmont county. The material facts in this case are the following: On the 15th clay of May, 1852, Benjamin Mackall and wife executed and acknowledged a deed, purporting to convey certain premises therein described to John T. Mackall and Kelion Hager, in trust.
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In Chancery. Reserved in the District Court of Belmont county. The material facts in this case are the following: On the 15th clay of May, 1852, Benjamin Mackall and wife executed and acknowledged a deed, purporting to convey certain premises therein described to John T. Mackall and Kelion Hager, in trust. The object of the trust is thus defined by the deed: “ Now the uses, and trusts, and purposes, and objects of this conveyance, are these : That, whereas, I am indebted to sundry persons, and copartnerships and corporations in large amounts of money, some of which persons and partnerships…
1Opinion of the CourtBartley, J.
This is a proceeding in chancery, instituted by the complainants as judgment creditors of Benjamin Mackall, to set aside a deed of conveyance, made by him to trustees, in contemplation of insolvency. The terms of the conveyance, the object of which is expressly declared to be the benefit of all the grantor’s creditors, are expressed in the following language, to wit: “ And to that full and complete extent, the said trustees are hereby authorized and empowered to sell, either at public or frivate sale, and with such notice of sale, and in such manner as they shall think most expedient and…
2Cases cited5 opinions
- Church v. GilmanNew York Supreme Court · 1836
- Burdick v. Post & HunttingNew York Supreme Court · 1851
- Wetmore v. CampbellThe Superior Court of New York City · 1849
- Wilder v. FondeyNew York Supreme Court · 1826
- Wilder v. FondeyCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by47 opinions
- Hargadine v. HendersonSupreme Court of Missouri · 1888
- Huntley v. KingmanSupreme Court of the United States · 1894
- Turpie v. LoweIndiana Supreme Court · 1888
- Sandusky v. FarisWest Virginia Supreme Court · 1901
- Brekke v. CrewSouth Dakota Supreme Court · 1920
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