New Jersey Equity Reports Volume 33

New Jersey Equity Reports Volume 33

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ... 8 Barn. & Ad. 86' .--R1=: P Pillsbury 1: . Kingon. the grantor, as a class--as, for instance, the executors or administrators of an insolvent estate, or an assignee for the benefit of the grant0r's creditors--may not be allowed, in the interest of creditors, to have a standing in court, to avoid the fraudulent grants and conveyances of the debtor for the benefit of his creditors. The leading case on this subject is Hawes v. Leader, Gro. Jae. 2370. In that case the defendant was the administrator of one Thomas Cookson. The plaintiff averred, in his declaration, that the said Cookson, for 20 paid by the plaintiff, granted all his goods mentioned in a schedule, and covenanted that he, his administrators &c., should safely keep and quietly deliver them to the plaintiff on demand, and bound himself in 40 for the performance of that covenant. Cookson died, and the plaintiff demanded the goods of the defendant, who had become administrator, and being refused, brought his action. The defendant pleaded the statute of 13 Eliz. c. 5, and further said that the intestate, at the time of the grant, was indebted to divers persons in several sums (naming both the persons and the sums), and that the deed of gift was made of fraud and covin betwixt Cookson and the plaintiff to deceive his creditors named; that Cookson used and occupied all the goods during his life, and that administration, after his death, was committed to the defendant. The plaintiff demurred, and assigned as grounds of demurrer, (1) that it was not averred that the debts due were unpaid to the creditors named; (2) that the plea did not show that the said debts were due by specialty, for an administrator was not liable to debts if they be not more

Product details

  • Paperback
  • 189 x 246 x 15mm | 508g
  • United States
  • English
  • black & white illustrations
  • 1236829573
  • 9781236829573