26 Mass. 21
Massachusetts Supreme Judicial Court
Decided October 15, 1829
Massachusetts Supreme Judicial Court · decided 1829-10-15
John S. Russell, one of the supposed trustees, disclosed in his answers an assignment made by Wheeler to RusscL and the other supposed trustees, of property, real and personal, to a large amount, in trust to sell and dispose of the same, and out of the proceeds to pay all Wheeler’s creditors, in ratable proportion to the debt of each, without preference.
Decided 1829-10-15
¶1The case is clear in favor of the trustees. The debtor may be suffered to remain in possession of the land assigned and of things necessary for taking care of it, without any fraud. Such possession may be evidence of fraud.
¶2Trustees discharged
¶3 See Russell v. Woodward, 10 Pick. 408; Boyden v. Moore, 11 Pick. 362Hower v. Geesaman, 17 Serg. & Rawle, 251; Williams v. Lowndes, 1 Hall (N. York,) 579; 2 Kent’s Comm. (3d ed.) 534 to 536; Wheeler v. Train, 3 Pick. (2d ed.) 257, note 1.