Volume 200, Volume 3, Page 168 View pdf image (33K) |
168 HIGH COURT OF CHANCERY. The bill alleges the indebtedness of said Roger to the com- plainants, and avers that at the time of their trusting him, he was owner of a certain parcel of land, which he had purchased of said Thomas R. Beard, and on which he had erected a valuable dwelling-house, store-house, and other buildings, with his own labor and money, whereby the property had become greatly enhanced in value, but at that time had not obtained a deed therefor; that complainants trusted him on the faith and credit of said property, of which he was so possessed; that owing to said Beard a small balance of the purchase-money, viz. $144, and being pressed by complainants for payment of their debts, by false and fraudulent representations, and with a view and for the purpose of hindering and delaying them and his other creditors from collecting their just debts, and to cheat and defraud them out of the same, induced the said Thomas R. Beard to convey said property to Mary A. Tydings, his wife, which was accordingly done. That said Roger has no other property out of which complainants could make their debts, or, if any, of very small value. The answer of Tydings admits his indebtedness to com- plainants, as charged in the bill, but avers that since the year 1840, he had been indebted to John F. and Benjamin S. Nicholson, in the sum of between $500 and $600; and about the time of the conveyance in question, said Nicholsons being indebted to their mother, Mrs. Elliott, who was also the mother of respondent's wife, in the sum of $500, with interest from the year 1840, proposed to respondent to pay their debt to their mother, in payment of respondent's debt to them. Respondent was unable to do so, and offered instead, to convey said lot to them, in payment thereof; said Nicholsons would not agree to that arrangement, but said that their mother, Mrs. Elliott, would agree to have the money invested in the purchase of the lot for respondent's wife, if respondent would agree to that arrangement, and have the conveyance made. Respondent afterwards saw, and spoke with Mrs. Elliott on the subject, and she agreed to the proposition made by said Nicholsons. It was accordingly made, and the convey- |
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Volume 200, Volume 3, Page 168 View pdf image (33K) |
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