Legal Opinion

Hull v. Hudson

Court of Chancery of Delaware

Decided June 29, 1911PublishedCited by 2 opinions

Bill to Set Aside Certain Conveyances. The bill is by the trustee in bankruptcy of W. 0. Hudson, individually, and also of the firm of which he was a member, and seeks to set aside conveyances made by Hudson before bankruptcy, through a third party to his wife, without consideration and to defraud creditors. It alleges the giving of a note by Hudson to Hull in March, 1907, for $3,041.76 for Hull’s interest in the firm of which Hull was then a member.

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Bill to Set Aside Certain Conveyances. The bill is by the trustee in bankruptcy of W. 0. Hudson, individually, and also of the firm of which he was a member, and seeks to set aside conveyances made by Hudson before bankruptcy, through a third party to his wife, without consideration and to defraud creditors. It alleges the giving of a note by Hudson to Hull in March, 1907, for $3,041.76 for Hull’s interest in the firm of which Hull was then a member. Hudson at that time stated his ownership of land in Delaware, and relying on that statement, Hull accepted the note given for his interest in…

1Opinion of the Court

The Chancellor:

The proofs taken do not sustain clearly the allegations that W. 0. Hudson was insolvent at the time of the conveyances in question, but the main allegations of the bill were sustained by the proof, viz.: That after purchasing from Hull his interest in the firm and giving his promissory note therefor, and while the note was still unpaid, as it still is, W. 0. Hudson, without consideration conveyed the real estate mentioned in the bill by deeds (his wife joining in both) to strangers, who without consideration reconveyed the property to the wife of W. 0. Hudson. There was…

2Cases cited6 opinions

  1. Westall v. AveryCourt of Appeals for the Fourth Circuit · 1909
  2. Chandler v. HollingsworthCourt of Chancery of Delaware · 1867
  3. Hood v. JonesCourt of Chancery of Delaware · 1875
  4. Humphries v. WilsonCourt of Chancery of Delaware · 1865
  5. Logan v. BrickCourt of Chancery of Delaware · 1859

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Tri-State Vehicle Leasing, Inc. v. DuttonSupreme Court of Delaware · 1983
  2. Kulp v. TimmonsCourt of Chancery of Delaware · 2002

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