Edgington v. Williams
Edgington v. Williams
Opinion of the Court
The judgments unsatisfied, the executions and insolvency of the defendants are beyond dispute in the case. The proof also appears to us conclusive, that Joseph Williams, when the Bank of Mansfield closed its doors, was apparently a man in easy circumstances, having land, including the quarter section ten, and a considerable stock on the land, and other personal property. He became alarmed as to his liability on account of the bank, and made a pretended sale at auction of his personal property. It was purchased in by his children and other friends, with money furnished by himself, and left on the farm, where he and the sons
From this state of fact, we have no doubt but Amos took the title to the quarter section as trustee of his father; a trust resultingfrom the fact that the father furnished the purchase money. At his death, the land passed to the children in like trust, and is so held by the defendants. It is in equity the property of the judgment debtor and liable to satisfy the judgments. Decree, that if the money is not paid within sixty days, the land be sold to satisfy the judgments.
Reference
- Full Case Name
- EDGINGTON v. WILLIAMS, AND OTHERS
- Cited By
- 1 case
- Status
- Published