 ... or assigned, shall be presumed to be fraudulent and void, as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith ; and shall be conclusive evidence of fraud unless it shall...  Report of Cases in the Supreme Court of Nebraska - Página 248de Nebraska. Supreme Court - 1873Visualização completa - Sobre este livro
 | New York (State). Supreme Court, William Johnson - 1846 - 690 páginas
...evidence of fraud unless it shall be made to appear on the part of the persons claiming under such sale, that the same was made in good faith and without any intent to defraud such creditors or purchasers. 2 RS 2d edit. 70. C'nder this statute the question of fraud has beeu held a question of fact for the... | |
 | New York (State). Supreme Court, John Lansing Wendell - 1846 - 722 páginas
...words, it throws the burthen of proof upon the vendee, or person claiming under such sale, to shew " that the same was made in good faith, and without any intent to defraud creditors or purchasers." Hut this question of intuit is by no means left for Stoddard v. Butler. the... | |
 | James Kent - 1848 - 1046 páginas
...possession, was not void, provided it was made to appear affirmatively on the part of the mortgagor, that the same was made in good faith, and without any intent to defrand purchasers or creditors — and that the question of intent was a matter of fact for a jury.... | |
 | Samuel Owen - 1849 - 404 páginas
...That if it has been made to appear on the part of the plaintiff, who claims under the bill of sale, that the same was made in good faith, and without any intent to defraud creditors, the plaintiff was entitled to recover." Hartford v. Aitcher, 4 Hill, 272, 348 ; 5. C., I... | |
 | New York (State). Supreme Court, John Lansing Wendell - 1850 - 542 páginas
...evidence of fraud unless it shall be made to appear on the part of the persons claiming under such assignment, that the same was made in good faith,...any intent to defraud such creditors or purchasers. Subsequent sections 9 and 10, id. 71, declare such a mortgage absolutely void without any qualification,... | |
 | New York (State). - 1850 - 920 páginas
...subsequent purchasers in good faith, disputable only by making it to appear on the part of the person claiming under such sale or assignment, that the same was made in good faith, and without intent to defraud such creditors or purchasers : 43. When two persons perish in the same calamity'... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1890 - 808 páginas
...and shall be conelusive evidence of fraud, unless it shall be made toappear on the part of the person claiming under such, sale or assignment that the same...and without any intent to defraud such creditors. "3. The change of possession contemplated by thissection of the statute is an open, visible, substantial... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1889 - 788 páginas
...fraud, unless it shall be made to appear, on the part of the persons claiming under such sale, * * * that the same was made in good faith, and without...any intent to defraud such creditors or purchasers." Section 6193, How. Stat., provides: " Every mortgage, or conveyance intended to operate ns a mortgage,... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1874 - 664 páginas
...fraud, unless it shall be made to appear on the part of the person claiming under the same that it was made in good faith and without any intent to defraud such creditors or purchasers. The sale, therefore, not followed by actual and continued change of possession, was to be deemed or... | |
 | Asa Kinne - 1853 - 538 páginas
...possession of the thing mortgaged, is not void, if it be made to appear on the part of the mortgagee that the same was made in good faith, and without any intent to de/mud purchasers or creditors. The want of change of possession subjects the instrument prima facie... | |
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