Chetwood v. Berrian

Van Fleet, V. C.

The complainant seeks to obtain a decree against the defendant Thomas B. C. Berrian, declaring that he holds certain lands in trust for complainant, and directing him to ■ convey them to complainant; ■ The complainant puts his right, to-this relief on the ground that Berrian, as against him, acquired title to the lands in question by fraud. The complainant’s ■ case, briefly stated, is this: that his agent, to- secure his own debt to Berrian, assigned a mortgage made to the complainant, and standing in complainant’s name, to- Berrian, aftei’wards foreclosed the mortgage,…