McBrerty v. Hyde
McBrerty v. Hyde
Opinion of the Court
The learned judge below after finding the facts in detail summed up his conclusion as follows; “ As I have found the facts, this is the situation: The plaintiff being insolvent and about to fail in business, put the property at Twenty-fourth
“Hyde died about the time the shares matured. This is an effort to have his heirs reconvey on payment to them of whatever was due Hyde. The promise to reconvey was a verbal one. The scheme was to get back in 1897, or thereabouts, property he had conveyed in 1888 in fraud of his creditors.
“ The conveyance to Hyde was a continuation of the fraudulent object in view at the time of the conveyance to Mrs. McHenry. The law will not enforce agreements made under such circumstances.
“ The fraud at the beginning of the transaction continues through it all, and I decline to enforce the agreement to re-convey that Mr. Hyde made.
“ Let a decree be drawn dismissing the bill—each side to pay his own costs.”
The findings are justified by the evidence and fully sustain the conclusion. Decree affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.