Blennerhassett v. Sherman
Supreme Court of the United States
Appear from tbe Circuit Court of the United .States for tbe District' of Iowa. The bill in this case was filed Jan. 26, 18-75. Tbe suit was brought to foreclose a mortgage executed by Allen, lately of the city of Chicago, in the State of Illinois, to Allen, Stephens, & Co., of the city of New York, a firm composed of Allen, t-lie mortgagor, and Stephens and Blennerhassett.- The bill of complaint set out the mortgage in full, as follows: — “New York, 18 Nov.-, 1874. — I…
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Appear from tbe Circuit Court of the United .States for tbe District' of Iowa. The bill in this case was filed Jan. 26, 18-75. Tbe suit was brought to foreclose a mortgage executed by Allen, lately of the city of Chicago, in the State of Illinois, to Allen, Stephens, & Co., of the city of New York, a firm composed of Allen, t-lie mortgagor, and Stephens and Blennerhassett.- The bill of complaint set out the mortgage in full, as follows: — “New York, 18 Nov.-, 1874. — I hereby acknowledge the receipt of four hundred and sixty-five thousand four hundred and seventy-six and 88-100 dollars of…
1Opinion of the CourtJustice Woods
After an - attentive consideration of the evidence in this case, much of which is conflicting and irreconcilable, we have reached the conclusion that the mortgage, which is the basis of the suit, is fraudulent and void at common law, because it was accepted by Allen, Stephens, & Co., and used by them to hinder, delay, and- defraud the creditors of Allen, the mortgagor, and that it is also void under that section of the Bankrupt Act now. embodied in the. Revised Statutes of the United States as sect.- 5128.
We shall state the grounds of our conclusion. as succinctly as the case will admit. We…
2Cases cited5 opinions
- Hilliard v. CagleMississippi Supreme Court · 1872
- Neslin v. WellsSupreme Court of the United States · 1882
- Gill v. GriffithHigh Court of Chancery of Maryland · 1848
- Root v. ReynoldsSupreme Court of Vermont · 1859
- Kempner v. ChurchillSupreme Court of the United States · 1869
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- Billings v. . RussellNew York Court of Appeals · 1886
- Beidler v. CraneIllinois Supreme Court · 1890
- Hutchinson v. First National Bank of Michigan CityIndiana Supreme Court · 1892
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