Stivens v. Summers
Ohio Supreme Court
Error to the Circuit Court -oí Clinton Comity. ■Plaintiff brought her action in the court of common pleas to set aside two deeds for reail estate executed by the defendant, John J. Summers, to 1ms two sons -as being in fraud of creditors, and to subject the lands conveyed to the payment of 'a debt due from the grantor to .plaintiff 'at the time of the conveyance.
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Error to the Circuit Court -oí Clinton Comity. ■Plaintiff brought her action in the court of common pleas to set aside two deeds for reail estate executed by the defendant, John J. Summers, to 1ms two sons -as being in fraud of creditors, and to subject the lands conveyed to the payment of 'a debt due from the grantor to .plaintiff 'at the time of the conveyance. The cause was tried! in the- circuit court on appeal, and upon the issues joined the following facts were found by that court: “First — On December 25, 1895, one J. W. Summers borrowed of the plaintiff nine hundred ($900) dollars-and…
1Opinion of the Court
The record does mot suggest that the circuit court was unmindful of the doctrine of Jamison v. McNally et al, 31 Ohio St., 395, since its conclusion of law concedes that under our statute a deed may, at the suit of a creditor of the grantor, be set aside for constructive as well as for -actual fraud, and that these deeds were constructively fraudulent. Upon that point the briefs of counsel are in accord.
The proposition by which the judgment of the circuit court must be tested is stated by it in its conclusion of law: “That the plaintiff’s cause of action is barred by the statute of…
2Cited by12 opinions
- In Re TaubmanUnited States Bankruptcy Court, S.D. Ohio · 1993
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- City of Kettering v. BergerOhio Court of Appeals · 1982
- Hanes v. GiambroneOhio Court of Appeals · 1984
- Smith v. EdwardsUtah Supreme Court · 1932
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