Farmer's National Bank v. Thomson
Supreme Court of Vermont
Appeal in Chancery. Heard on the report of a special master and the orator’s exceptions thereto, at the March Term, 1902, Rutland County, Watson, Chancellor, presiding. Decree, pro forma, overruling the exceptions and dismissing the bill. The orator appealed. The conveyance being without consideration, it will be set aside in favor of creditors who are thereby prevented from getting their pay, although there was no actual fraud on the part of the grantor or the grantee.
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Appeal in Chancery. Heard on the report of a special master and the orator’s exceptions thereto, at the March Term, 1902, Rutland County, Watson, Chancellor, presiding. Decree, pro forma, overruling the exceptions and dismissing the bill. The orator appealed. The conveyance being without consideration, it will be set aside in favor of creditors who are thereby prevented from getting their pay, although there was no actual fraud on the part of the grantor or the grantee. The law imputes fraud to a grantor who voluntarily conveys his property, when from the condition of his estate, the…
1Opinion of the CourtStart, J.
The complainant, in behalf of itself and other creditors of the estate of Edwin R. Thomson, seeks to set aside the conveyance of a farm from Edwin R. Thomson, now deceased, to his wife, the defendant. The pleadings and master’s report show that on March 21, 1887, Thomson took title in fee to the farm under the will of Laura Williams, and on July 20, 1889, through his brother, Horace Thomson, conveyed the same to the defendant. The expressed consideration in the deed is five dollars, but it does not appear that anything was in fact paid. The conveyance was made for the purpose of placing the…
2Cases cited12 opinions
- Kellogg v. Douglas County BankSupreme Court of Kansas · 1897
- Rudd v. RoundsSupreme Court of Vermont · 1892
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- Stout v. StoutIndiana Supreme Court · 1881
- Wilson v. SpearSupreme Court of Vermont · 1894
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