Mandel v. Bron
Mandel v. Bron
Opinion of the Court
Opinion by
In the fall of 1919, the plaintiff, Hyman Mandel, became the owner of a $2,000 mortgage upon real estate of Harry L. Tiefenrun, to whose mother plaintiff had been recently married. On November 5th of that year Mandel assigned the mortgage of record to the defendant, his daughter, under an express parol agreement to reassign the same to him at any time upon demand, which she later refused to do; hence this bill in equity praying for a decree ordering a reassignment of the mortgage.
The relief prayed for should have been granted. There is no averment or proof that Mandel was indebted to his wife or to any other person in any sum whatever, or that he assigned the mortgage to conceal it from present or prospective creditors. True, plaintiff was temporarily separated from his wife, because of some diffi
The decree is reversed, the bill is reinstated and the record is remitted with directions to the court below to enter a final decree ordering a reassignment of the mortgage to appellant as prayed for. The costs here and in the trial court to be paid by the appellee.
Reference
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- Syllabus
- Trusts and trustees—Trustee ex maleficio—Assignment of mortgage—Agreement to reassign—Husband and wife—Fraud—Equity ■—Findings of fact—Appeal—Absence of manifest error. 1. Where a father assigns a mortgage to his daughter under an express parol agreement to reassign the same to him at any tim® on demand, which she refuses to do, she may be compelled to do so on a bill in equity. 2. In such ease, the court cannot refuse relief on the ground that the assignment was for the unlawful purpose of concealing the assignor’s assets from his wife or other creditors, where there is nothing to show that he was indebted to his wife or to any one else or sought to defraud prospective creditors. 3. A husband during his life may dispose of his personal property by voluntary gift, or otherwise, as he pleases, and it is not a fraud upon the rights of his wife. 4. Moreover, a widow is entitled to share in trust property of which her husband was the beneficial owner; so the wife was not harmed by such trust. 5. A chancellor’s findings of facts based upon sufficient evidence will not be reversed in tbe absence of manifest error.