Hollister v. Loud
Michigan Supreme Court
Appeal from the Jackson Circuit Court, in Chancery. The complainant and appellee, a judgment creditor of two of the defendants and appellants, O. and J. P. Loud, filed his hill to set aside as fraudulent, a voluntary assignment, purporting to he general, and with preferences, made by the two Louds who were co-partners, to the other defendants and appellants, Johnson and Higby, so far as said assignment operated as a conveyance of real estate in the counties of Jackson and…
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Appeal from the Jackson Circuit Court, in Chancery. The complainant and appellee, a judgment creditor of two of the defendants and appellants, O. and J. P. Loud, filed his hill to set aside as fraudulent, a voluntary assignment, purporting to he general, and with preferences, made by the two Louds who were co-partners, to the other defendants and appellants, Johnson and Higby, so far as said assignment operated as a conveyance of real estate in the counties of Jackson and Eaton. The assignment was drawn by the defendants Johnson and Higby, attorneys of the assignors, for that purpose, on…
1Opinion of the Court
By the Court, Wing, P. J.
The complainant by his bill seeks to have the assignment set aside and declared void, as having been made to hinder, delay or defraud creditors.
Our statute of 1846, page 328, section 1, provides that “any conveyance or assignment, &c., made with the intent to hinder, delay or defraud creditors, &c., as against the person so hindered shall be declared void.” Section 5 provides that “ none of the provisions of this act shall be construed in any manner to. affect or impair the title of a purchaser for a valuable consideration unless it shall appear that he had previous…
2Cases cited10 opinions
- Goodwin v. RichardsonMassachusetts Supreme Judicial Court · 1814
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Hildreth v. SandsNew York Court of Chancery · 1816
- Burroughs v. Housatonic RailroadSupreme Court of Connecticut · 1842
- Wintringham v. LafoyNew York Supreme Court · 1827
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lafferty v. People's Savings BankMichigan Supreme Court · 1889
- Territory of Wyoming v. NelsonWyoming Supreme Court · 1880
- Richardson v. MarquezeMississippi Supreme Court · 1881
- Powers v. C. H. Hamilton Paper Co.Wisconsin Supreme Court · 1884
- Moore v. . HinnantSupreme Court of North Carolina · 1883
14 more not listed; retrieve them via the Exa API.