Legal Opinion

McLane v. Johnson

Supreme Court of Vermont

Decided March 15, 1870PublishedCited by 21 opinions

Bill in Chancery. This suit was brought to recover certain real estate which the orator’s intestate conveyed to the defendants in 1841. The bill proceeded on the theory, first, that said conveyance was without consideration in fact, valuable or otherwise, and so is held by the defendants for the benefit of the intestate, and subject to an implied or resulting trust; and second, that the conveyance was not only without consideration in fact, but was made in fraud of the…

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Bill in Chancery. This suit was brought to recover certain real estate which the orator’s intestate conveyed to the defendants in 1841. The bill proceeded on the theory, first, that said conveyance was without consideration in fact, valuable or otherwise, and so is held by the defendants for the benefit of the intestate, and subject to an implied or resulting trust; and second, that the conveyance was not only without consideration in fact, but was made in fraud of the creditors of the intestate; that there was actual fraudulent intent, and so the conveyance is void under the statute relating…

1Opinion of the Court

This doctrine was recognized by

Savage, C. J.,

in Wadsworth v. Havens, 3 Wend., 412.

That a fraudulent intent, in making a conveyance without valuable consideration, vitiates such conveyance as to subsequent as well as to prior creditors, is shown to be the idea entertained by the most eminent American judges, in Sexton v. Wheaton, 8 Wheat. Rep., 229, opinion by Marshall, C. J. ; in Salmon v. Bennett, 1 Conn. Rep., opinion by Swift, C. J.; in Benton v. Jones, 8 Conn. Rep., 186, opinion by Hosmer, C. J.; Howe v. Ward, 4 Greenl., 195, opinion by Mellen, C. J. See also Damon v. Bryant, 2 Pick.,…

2Cases cited6 opinions

  1. Sexton v. WheatonSupreme Court of the United States · 1823
  2. Burr v. VeederNew York Supreme Court · 1829
  3. Carpenter v. McClureSupreme Court of Vermont · 1866
  4. Benton v. JonesSupreme Court of Connecticut · 1830
  5. Administrator of Martin v. MartinSupreme Court of Vermont · 1828

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

3Cited by21 opinions

  1. Pollard v. McKenneyNebraska Supreme Court · 1903
  2. Becker v. BeckerSupreme Court of Vermont · 1980
  3. Raithel Et Ux. v. HallSupreme Court of Vermont · 1925
  4. Orth v. OrthIndiana Supreme Court · 1895
  5. Glinka v. Bank of Vermont (In Re Kelton Motors, Inc.)United States Bankruptcy Court, D. Vermont · 1991

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

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