New Jersey Equity Reports Volume 44

New Jersey Equity Reports Volume 44

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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. 1889 edition. Excerpt: ...set such conveyances aside. In Haston v. Costner, 4 Stew. 697, the court of errors and appeals held that the statutory direction that the lands of a decedent shall be liable for the payment of his debts, creates a lien in favor of creditors at large, which gives them a right to impeach a conveyance made by the decedent in fraud of creditors, and in C'u/rrie v. Knight, 7 Stew. Eq. 485, Vice-Chancellor Van Fleet, following the reasoning in Huston v. Castner, held that the direction of the statute, that the assets of an insolvent estate shall be ratably distributed among the creditors of the decedent, gives the creditors a lien on such assets, and entitles them to a standing to contest the validity of a chattel mortgage not filed according to the statute. The reasoning of those cases is analogous to that by which I am guided in this case. The bill alleges that the assignee was applied to to bring suit similar to this, and that he neglected and refused to do so. The proofs show that he did not respond favorably, when he was asked to commence the suit, although at the time of the request nearly two years had elapsed from the date of the assignment to him, and he must then have been familiar with all matters pertaining to the estate assigned to him. He testifies that be has no remembrance that such request was made. Possibly he is correct in this statement. The request was made at the postoffice in the city of Plainfield, by a solicitor of the complainant, and may not have impressed him as important. It is evident, from the testimony, that he was regarded as a friend of Mulford Cole and the other defendants in this suit, and, for that reason, was probably not importuned, or expected to comply with the request. Appearances, in a measure, ...
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Product details

  • Paperback
  • 189 x 246 x 13mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236964780
  • 9781236964786