Volume 200, Volume 4, Page 35 View pdf image (33K) |
FARINGER VS. RAMSAY AND EHRMAN. 35 The answer of Eliza Ramsay, the defendant, was filed on the 31st of August, 1849, and after admitting the insolvency of Faringer, and the appointment of the complainant as his per- manent trustee, expressly denies that the property mentioned in the bill was purchased by said Jacob, and as positively avers that the said property was purchased for this respondent, and paid for by her with her own money, and that said Jacob never had actually or constructively, legally or equitably any right, title or claim to the same. The bill in the second case contains similar charges and aver- ments in reference to a certain house and lot on the corner of Lombard and Canal streets in said city, which was conveyed to said Eliza Eamsay by one William E. Beale, by deed dated the 7th of April, 1845, for the price of $800. To this bill also an answer similar in every respect to the preceding one was filed by the said Eliza Eamsay. The answer of Ehrman admits that he became the purchaser of the property as charged in the bill, and prays that he may be dismissed, &c. The proof taken under the commission is of a conflicting •character, and is sufficiently stated in the opinion for an under- standing of the points therein decided. The causes were re- moved to this court, and after argument of counsel, the follow- ing opinion was delivered.] THE CHANCELLOR: These bills are filed by the complainant, as the permanent trustee in insolvency of Jacob Faringer, her former husband, but now deceased, and seek to set aside the deeds therein men- tioned, not as frauds upon her marital rights, but upon the ;ground that they were made in prejudice of the rights of cred- itors. The allegations to be sure, are not entirely free from ambiguity. It being in one place alleged, that one of the ob- jects of the conveyances was "to deprive the complainant, and her children by the said Jacob, of all benefit in it, in his life, and after his death." And in another place, that the deeds were made "to the said Eliza Ramsay for the fraudulent pur- pose of enjoying the property during his life, and leaving it to |
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Volume 200, Volume 4, Page 35 View pdf image (33K) |
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