Sanford v. Wheeler
Supreme Court of Connecticut
This was a bill in chancery brought by Aaron Sanford, jun. and Burr S. Wheeler, trustees for the creditors of Stephen Wheeler, under a deed of assignment by him, against George Wheeler, seeking relief against a mortgage deed. The material facts in the case are the following. On the 4th of May, 1836, Stephen Wheeler, who was then insolvent, owed to his son, George Wheeler, the defendant, a bona fide debt of 1418 dollars, 36 cents.
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This was a bill in chancery brought by Aaron Sanford, jun. and Burr S. Wheeler, trustees for the creditors of Stephen Wheeler, under a deed of assignment by him, against George Wheeler, seeking relief against a mortgage deed. The material facts in the case are the following. On the 4th of May, 1836, Stephen Wheeler, who was then insolvent, owed to his son, George Wheeler, the defendant, a bona fide debt of 1418 dollars, 36 cents. At the same time, he was indebted to several other creditors, in various sums of money, amounting in all to 1182 dollars, 80 cents, for which George Wheeler had…
1Opinion of the CourtChurch, J.
The trustees under the assignment claim, that the mortgage of Stephen Wheeler, as against his creditors, is either totally or partially fraudulent and void; and whether it is either the one or the other, or whether it is good for the whole amount of the note described in its condition, are the questions reserved for our advice.
1. We think this mortgage cannot be sustained for the whole amount pretended to be secured by it, against the creditors of Stephen Wheeler, but must be set aside for so much as embraces the debts for which the defendant was only a surety. It is certain, that Stephen…
2Cases cited5 opinions
- Boyd v. DunlapNew York Court of Chancery · 1815
- Pettibone v. GriswoldSupreme Court of Connecticut · 1822
- Crane v. DemingSupreme Court of Connecticut · 1829
- Stoughton v. PascoSupreme Court of Connecticut · 1825
- Weeden v. HawesSupreme Court of Connecticut · 1834
3Cited by11 opinions
- Dart & Bogue Co. v. SlosbergSupreme Court of Connecticut · 1987
- North v. BeldenSupreme Court of Connecticut · 1840
- Metropolitan Bank v. GodfreyIllinois Supreme Court · 1860
- Matz v. ArickSupreme Court of Connecticut · 1904
- Andrews v. Connecticut Properties, Inc.Supreme Court of Connecticut · 1950
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