Walker v. Cady
Michigan Supreme Court
Appeal from VanBuren; Buck, J. Bill by Oscar Walker, as administrator of the estate of Alvah Cady, deceased, against Francis R. Cady, F. Allen Cady, Thomas W. Brainard, and others, to set aside a conveyance. From a decree for complainant, defendants appeal. The bill in this case was filed under 2 How.
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Appeal from VanBuren; Buck, J. Bill by Oscar Walker, as administrator of the estate of Alvah Cady, deceased, against Francis R. Cady, F. Allen Cady, Thomas W. Brainard, and others, to set aside a conveyance. From a decree for complainant, defendants appeal. The bill in this case was filed under 2 How. Stat. § 5884, to set aside a deed made by Alvah Cady to F. Allen Cady, March 5, 1890. The court below held that the conveyance was voluntary, and was therefore in fraud of creditors. The defenses are: (1) That the bill is not filed by complainant as administrator. (2) That there is no proof that…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The bill of complaint sets forth very fully all the proceedings in the probate court, the appointment of complainant as administrator, the allowance of the claim of Jay Oady, the appeal to the circuit court, the recovery of verdict and judgment there, and the deficiency of assets. While there is no specific allegation that the bill is filed in Ms capacity of administrator, there exists no room for doubt that it is so filed, and that the defendants so understood. The point is too technical to require further comment.
2. There was competent evidence that the claim…
2Cases cited11 opinions
- Sweet v. ConverseMichigan Supreme Court · 1891
- Blanchard v. TylerMichigan Supreme Court · 1864
- Ionia County Savings Bank v. McLeanMichigan Supreme Court · 1891
- Dixon v. HillMichigan Supreme Court · 1858
- Stone v. WellingMichigan Supreme Court · 1866
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3Cited by15 opinions
- Bentley v. CailleMichigan Supreme Court · 1939
- Harris v. BrinkSupreme Court of Iowa · 1896
- Detroit & Security Trust Co. v. GitreMichigan Supreme Court · 1931
- Rolfe v. ClarkeMassachusetts Supreme Judicial Court · 1916
- Farmers & Merchants Bank v. DaikerSupreme Court of Iowa · 1914
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