Weeden v. Hawes
Supreme Court of Connecticut
This was a bill in chancery, the object of which was, to disencumber certain property mortgaged by Joseph Hawes sen. to Joseph Hawes jun., by a decree declaring the mortgage deed fraudulent and void, and thus to let in the plaintiff to redeem from other creditors, who had valid liens thereon, as if no such deed had been given.
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This was a bill in chancery, the object of which was, to disencumber certain property mortgaged by Joseph Hawes sen. to Joseph Hawes jun., by a decree declaring the mortgage deed fraudulent and void, and thus to let in the plaintiff to redeem from other creditors, who had valid liens thereon, as if no such deed had been given. The property conveyed by the deed, was part of a manufacturing establishment at Willimantic in the town of Wind-ham, and was denominated the Willimantic property. The deed was executed on the 15th of Jane, 1829, by Joseph Hawes sen. of Providence, to Joseph Halves jun.…
1Opinion of the Court
Daggett, Ch. J.
This court now is called upon to decide a question of fact- The plaintiff insists, that if the sum of 1395 dollars, 82 cents, was included in the 5892 dollars, 3 cents, with a view to augment the demands of Joseph Halves on Joseph Hawes jr., and thereby to cover the property from his other creditors, then the deed was fraudulent and void. On the other hand, it is admitted, that if this sum was inserted by mistake merely, supposing that it was due, and had not been paid, then the deed would be good, and ought to stand as a security for what was actually due. In this view of the…
2Cases cited1 opinion
- Swift v. ThompsonSupreme Court of Connecticut · 1831
3Cited by13 opinions
- North v. BeldenSupreme Court of Connecticut · 1840
- Thresher v. DyerSupreme Court of Connecticut · 1897
- Rathbone v. BoydSupreme Court of Kansas · 1883
- Sanford v. WheelerSupreme Court of Connecticut · 1839
- Smith v. CraftU.S. Circuit Court for the District of Indiana · 1882
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