Cases Decided in the Supreme Court of Ohio (Volume 8) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872. Excerpt: ... Hull v. Jeffrey et al. there anything in them approximating to a contract. The last of them was written in the latter part of March, 1823, almost two years before the deed was made. And there is no evidence to show that there was anything further passed between the parties respecting land until the deed was executed. There is one more circumstance worthy of consideration: In 1824 or 1825, Hubbard inquired of Clark, according to Clark's testimony, whether he had not land in Guernsey county. Clark replied, not that he had no land, but that he had none which was not in dispute. At this time Clark must have known that he had not paid up the judgment to Lynn's administrators, and be must have known, too, that Hubbard was the attorney for the plaintiffs, although he might have forgotten it when he gave his deposition. About this same time, John Clark makes this deed to his brother Eobert, lying, as he would have us believe, at the point of death, and then rests quietly for eight years before he ascertains 390 whether he is indebted to that brother to the extent of the estimate value of the land or not. Taking all these circumstances into consideration, the court can have no doubt that this conveyance was made for the purpose of defeating creditors of their dues. It is, therefore, fraudulent and void as to those creditors, and as to Hubbard, who purchased at sheriffs sale, under & judgment in favor of one of those creditors. Such being the opinion of the court, it ia unnecessary to examine the other points made in the case. Hubbard is entitled to a decree. E. And "W. Hull V. E. Jepprey Et Al. Assignments of property giving preference to creditors may be made in good faith, under proper circumstances, notwithstanding the statute of 1835 upon that subject. In chan...