Legal Opinion

Merrill v. Hussey

Supreme Judicial Court of Maine

Decided July 10, 1906Published

In equity. On report. Bill sustained. Bill in equity brought by the plaintiff as trustee in bankruptcy of the estate of John W. Hussey of Milo, against the said John W. Hussey, Nettie Hussey, wife, and Bertram Hussey, son, of said John W. Hussey, attacking the title of said Nettie Hussey and Bertram Hussey in certain real estate in Milo, on the alleged ground that said John W. Hussey, while insolvent, purchased the property and paid the- consideration, but caused the title…

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In equity. On report. Bill sustained. Bill in equity brought by the plaintiff as trustee in bankruptcy of the estate of John W. Hussey of Milo, against the said John W. Hussey, Nettie Hussey, wife, and Bertram Hussey, son, of said John W. Hussey, attacking the title of said Nettie Hussey and Bertram Hussey in certain real estate in Milo, on the alleged ground that said John W. Hussey, while insolvent, purchased the property and paid the- consideration, but caused the title to be conveyed to his said wife and son in fraud of his creditors. Heard before the J ustice of the first instance on…

1Opinion of the CourtSavage, J.

In this proceeding, the plaintiff, as trustee in bankruptcy of the estate of John W. Hussey, attacks the title of Nettie Hussey, wife, and Bertram Hussey, son, of John W. Hussey, in certain real estate in Milo, on the alleged ground that John W. Hussey, while insolvent, purchased the property and paid the consideration, but caused the title to be conveyed to his wife and son in fraud of his creditors.

It appears that in 1901, John W. Hussey purchased a farm in Mt. Chase for $900. He paid $100 down in cash, and gave his notes, secured by mortgage, for the balance. The notes were payable $100,…

2Cases cited7 opinions

  1. Penn v. WhiteheadSupreme Court of Virginia · 1867
  2. Bresnihan v. SheehanMassachusetts Supreme Judicial Court · 1878
  3. Jenney v. AldenMassachusetts Supreme Judicial Court · 1815
  4. Atwood v. HolcombSupreme Court of Connecticut · 1872
  5. Armstrong v. McDonaldNew York Supreme Court · 1851

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