Utley v. Smith
Supreme Court of Connecticut
This was a bill in equity, brought to the term of the superior court for the county of Middlesex, holden in March, 1855, by Origen Utley and Charles Hubbard, as trustees of the estate assigned for the benefit of his creditors, by Andrew Coe, an insolvent debtor, against Henry D. Smith, Alfred M. Bailey, William R. Smith and others.
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This was a bill in equity, brought to the term of the superior court for the county of Middlesex, holden in March, 1855, by Origen Utley and Charles Hubbard, as trustees of the estate assigned for the benefit of his creditors, by Andrew Coe, an insolvent debtor, against Henry D. Smith, Alfred M. Bailey, William R. Smith and others. The prayer of the bill was, that certain mortgage deeds, given by said Coe to said Henry D. Smith, might be set aside, and the title to the mortgaged property vested in the plaintiffs, and for an injunction, and other relief against the defendants. Upon the…
1Opinion of the Court
Ellsworth, J.. The important question, presented in this case, is whether the two deeds of Andrew Coe to Henry D. Smith, of the 5th and 13th of December, 1854, are, or are not, fraudulent and void, as contrary to the provisions of the statute of 1853, for the relief of insolvent debtors. The plaintiffs insist that they are ; that the deeds were made by an insolvent person, with a view to insolvency, and were not within the seventh section of the act, and particularly that they operate, by way of preference among creditors, and must, of course, be held to be void and of no effect. The…
2Cases cited1 opinion
- In re PearceUnited States District Court · 1843
3Cited by14 opinions
- Knower v. Cadden Clothing Co.Supreme Court of Connecticut · 1889
- Hayden v. AllynSupreme Court of Connecticut · 1887
- Stone v. JenisonMichigan Supreme Court · 1897
- Quinebaug Bank v. BrewsterSupreme Court of Connecticut · 1862
- Bloodgood v. BeecherSupreme Court of Connecticut · 1868
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