LaPage v. Hill
Supreme Judicial Court of Maine
On exceptions. This was an action of trespass brought by the plaintiff against the sheriff of Androscoggin county to recover damages for the act of his deputy in seizing the plaintiff’s goods as the property of one Beliveau by virtue of a warrant and injunction issued by the Court of Insolvency.
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On exceptions. This was an action of trespass brought by the plaintiff against the sheriff of Androscoggin county to recover damages for the act of his deputy in seizing the plaintiff’s goods as the property of one Beliveau by virtue of a warrant and injunction issued by the Court of Insolvency. The plea was the general issue with a brief statement in which the defendant justified as an officer, viz., as messenger of the Court of Insolvenc}7, and denied the plaintiff’s title to the property in question. At the trial the evidence tended to show that Beliveau, having liabilities to the amount…
1Opinion of the CourtHaskell, J.
Trespass against the sheriff for the act of his deputy in taking, under a warrant from the insolvent court, property that the insolvent had conveyed and delivered to the plaintiff prior to the insolvent proceedings.
Defense, that the conveyance was in fraud of creditors and therefore void.
"A conveyance made in fraud of creditors is valid between the parties, and can be avoided only by creditors, or by the assignee in insolvency representing them ; and, if he affirms it, it stands good.” Freeland v. Freeland, 102 Mass. 477; Butler v. Hildreth, 5 Met. 49; Snow v. Lang, 2 Allen, 18; Harvey v.…
2Cases cited4 opinions
- Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
- Osborne v. MossNew York Supreme Court · 1810
- King v. BangsMassachusetts Supreme Judicial Court · 1876
- Dahill v. BookerMassachusetts Supreme Judicial Court · 1885
3Cited by2 opinions
- Miller v. CappelSupreme Court of Louisiana · 1884
- Greco v. MillanoLouisiana Court of Appeal · 1916