Baker v. Humphrey
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This was a bill filed by Sandford -Baker against George P. Humphrey, Hiram D. Hurd,- Charles A. Hurd, and David Smith, to have the ostensible legal title to certain premises which had vested 'in Humphrey by one Chapman declared to have been fraudulently obtained, and that Humphrey be' adjudged to convey the premises to the complainant.
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This was a bill filed by Sandford -Baker against George P. Humphrey, Hiram D. Hurd,- Charles A. Hurd, and David Smith, to have the ostensible legal title to certain premises which had vested 'in Humphrey by one Chapman declared to have been fraudulently obtained, and that Humphrey be' adjudged to convey the premises to the complainant. The bill was heard upon the pleadings and proofs, and dismissed. Baker appe^ed here. The facts aré fully, stated in the Opinion of the court.
1Opinion of the CourtJustice Swayne
This is an appeal in equity. A brief statement of the case, as* made by the bill, will be sufficient for the purposes of this opinion.
On the 27th of February, 1851, one William Scott conveyed the premises in controversy to Bela Chapman, taking from him a mortgage for the amount of the purchase-money, which was $8,500.
' Both the deed and mortgage were properly recorded. Chapman did not take possession of the premises. On the 29th of November, 1851, Scott assigned the mortgage to Jacob Sammons.
The assignment was duly recorded on the 19th of March, 1852. Sammons conveyed the premises with…
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