Brice v. Myers
Ohio Supreme Court
This was a suit in chancery, adjourned here for decision from •the county of Knox. The complainant was a creditor of Christopher Myers, and the ••object of the hill was to set aside certain conveyances made by •him to his sons as fraudulent, and to subject the property conveyed to the payment of the complainant’s debts.
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This was a suit in chancery, adjourned here for decision from •the county of Knox. The complainant was a creditor of Christopher Myers, and the ••object of the hill was to set aside certain conveyances made by •him to his sons as fraudulent, and to subject the property conveyed to the payment of the complainant’s debts. The case made in the papers was this : In the year 1819, Christopher Myers contracted with the com•plainant for an exchange of land, valued at twelve thousand dollars. Of this sum, nine thousand dollars was paid by the conveyance of a tract of land. The payment of fifteen…
1Opinion of the Court
Opinion of the court, by
Judge Collet :
The question first to be determined is, are the deeds of Chris* topher Myers to his sons and sons-in-law fraudulent as to the demand of Brice.
A person is trusted or obtains credit in proportion to the property he appears to own ; the creditor, when he trusts him, looks to his possessions as evidence of his ability to pay, and as a fund' from which, if other resources of the debtor fail, he is to receive his demand. After the credit is obtained, for the debtor to divest himself of his property by giving it away, thereby rendering him. self unable to pay…
2Cases cited4 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Reade v. LivingstonNew York Court of Chancery · 1818
- Foster v. SimmonsU.S. Circuit Court for the District of District of Columbia · 1806
3Cited by3 opinions
- Tierney v. United Pocahontas Coal Co.West Virginia Supreme Court · 1921
- Janvrin v. CurtisSupreme Court of New Hampshire · 1885
- Delia v. CommissionerUnited States Tax Court · 1964