Lessee of Burgett v. Burgett
Ohio Supreme Court
This was an action of injectment, tried at the July term, 1824, in the county of Butler. The plaintiff gave in evidence a patent from the United States to Henry Burgett, for the land in question, and a deed for the same land from Henry Burgett to the lessor of the plaintiff.
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This was an action of injectment, tried at the July term, 1824, in the county of Butler. The plaintiff gave in evidence a patent from the United States to Henry Burgett, for the land in question, and a deed for the same land from Henry Burgett to the lessor of the plaintiff. The defendant then introduced witnesses to prove that the deed from Henry Burgett to Daniel Burgett was wholly without consideration, and intended to defraud creditors, and that Daniel Burgett had notice of that intention. It was admitted at the trial, that John Burgett, late husband of the defendant, was a creditor of…
1Opinion of the Court
Opinion of the court, by
Judge Burnet :
The question of greatest difficulty in this case arises from the fact, that our statute, the second section of which embodies, in part, the substance of the second section of the 13th, and the second section of 27 Elizabeth, contains no express words *confining its operation to creditors, nor any proviso in favor of pur *480chasers for a valuable consideration and bona fide. The section is •in these words: “That every gift, grant, or conveyance of lands, tenements, hereditaments, rents, goods, or chattels, and every bond, judgment, or execution, made or…
2Cases cited1 opinion
- Anderson v. RobertsNew York Supreme Court · 1820
3Cited by10 opinions
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- Aristocrat Lakewood Nursing Home v. Dryja (In Re Dryja)United States Bankruptcy Court, N.D. Ohio · 2001
- Tremper v. BartonOhio Supreme Court · 1849
- Sally v. GoodenSupreme Court of Alabama · 1843
- United States v. SmithCourt of Appeals for the Sixth Circuit · 1954
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