Duggan v. Bliss
Supreme Court of Colorado
Error to County Court of Arapahoe County. Replevin. — Declaration in the eepit and detinet. Pleas non eepit, non detinet, property in defendant, and property in one J. H. Grout.
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Error to County Court of Arapahoe County. Replevin. — Declaration in the eepit and detinet. Pleas non eepit, non detinet, property in defendant, and property in one J. H. Grout. Bliss, the defendant in error, being the assignee of J. H. Grout, brought this action in replevin to recover certain property seized by Duggan, the plaintiff in error, a constable, under three writs of execution issuing out of a justice court against Grout in favor of A. Bradley & Co., creditors of Grout. The cause was tried without the intervention of a jury, and Bliss had judgment. The material portions of the deed…
1Opinion of the CourtStone, J.
The sole question to be decided in this case is, whether the assignment made by James H. Grout is fraudulent and void on its face, as being calculated in law to hinder, delay and defraud his creditors for whose presumed benefit the assignment is made. The chief objection to the assignment arises out of a condition of release contained therein.
That portion of the deed providing for the execution of the trust by the assignee is as follows: * * * “ out of the proceeds arising from the sale of the said property, goods, chattels and effects, as well as from collections, after paying the costs,…
2Cases cited8 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Austin v. BellNew York Supreme Court · 1823
- Ingraham v. WheelerSupreme Court of Connecticut · 1826
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brekke v. CrewSouth Dakota Supreme Court · 1920
- Brekke v. CrewSouth Dakota Supreme Court · 1920
- Meriden Brittannia Co. v. F. D. Johnson & SonsLynchburg Corporation Court, Va. · 1893