Dumas v. Clayton
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a decree of tbe Supreme Court of tbe District of Columbia sitting as a court of equity, in a suit to set aside alleged fraudulent transfers. Tbe Court in tbe opinion stated tbe facts as follows: Tbis is an appeal from a decree sustaining a creditors’ bill to set aside a conveyance as made to hinder, delay, and defraud creditors.
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Hearing on an appeal by tbe defendant from a decree of tbe Supreme Court of tbe District of Columbia sitting as a court of equity, in a suit to set aside alleged fraudulent transfers. Tbe Court in tbe opinion stated tbe facts as follows: Tbis is an appeal from a decree sustaining a creditors’ bill to set aside a conveyance as made to hinder, delay, and defraud creditors. The hill was filed by Ella M. Clayton against James L. Neill, Agnes M. Wickersham, Michel O. Dumas, William H. Beck, John W. Smith, L. Melendez King, and Thomas A. Johnson. The allegations in substance are: That on April 12,…
1Opinion of the CourtChief Justice Shepard
It is clear from all of the circumstances surrounding the transaction in question, as well as from Neill’s admission that he did not recognize the obligation of plaintiff’s demand and did not intend to pay it, that he took advantage of the time permitted to elapse between the announcement of the court’s opinion and the carrying of the same into a decree, to dispose of the only property that he had subject to execution on that decree, in order to prevent its collection.
As regards the conveyance to secure Dumas, which Neill executed with the intent to defraud the plaintiff, if Dumas knew of…
2Cases cited7 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Dravo v. FabelSupreme Court of the United States · 1889
- Emerson v. WarkMassachusetts Supreme Judicial Court · 1904
- Carney v. HennesseySupreme Court of Connecticut · 1905
- Snell v. GregoryMichigan Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bowles v. MarshDistrict of Columbia Court of Appeals · 1951
- Jackson v. Capital Transit Co.District of Columbia Court of Appeals · 1944
- Bains v. EnsorDistrict of Columbia Court of Appeals · 1944