¶1The court found that the defendant had done wrong, etc. and gave judgment for the plaintiff to recover; and that upon two grounds. 1st. This recovery will not affect Carter’s right or interest whatever it may be. 2d. The defeasance was a private transaction between' the parties, and however it may be obligatory upon them, is fraudulent as to creditors, and the land is liable to be taken as Ives’s estate, notwithstanding the deed to Carter, which appeared to be an absolute deed, when it was a deed in trust, and imported a falsehood upon the record: Eurther it appeared that the condition in the defeasance was performed by payment to Leavensworth.
1 Root 492
Hough v. Ives
Decided January 15, 1793
Supreme Court of Connecticut · decided 1793-01-15
Actiou of ejectment for a piece of land. Plea — No wrong or disseisin. Issue to the court. The plaintiffs title was the levy of an execution against the defendant, made the 7th of November A..D. 1791.
Decided 1793-01-15