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Warner Vs. Norton
Cites for this judgment
- US Supreme Court
- Jan 01, 1857
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U.S. 448 (1857) U.S. Supreme Court Warner v. NortonSearch
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U.S. 20 How. 448 448 (1857) Warner v. NortonSearch
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against Page 61 U. S. 459 creditors, and should have been so held by the court, and the case of Hamilton v. RussellSearch
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the deed, is fraudulent, and the case of Edwards v. HarbenSearch
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his 3d volume of Commentaries, Chancellor Kent has an interesting chapter on this subject in which the case of Edwards v. HarbenSearch
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the possession of the vendor is consistent with the deed or the circumstances of the case. And he says, in Steward v. LambeSearch
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Brod. & Bing 506, the court of C.B. questioned very strongly the general doctrine in Edwards v. HarbenSearch
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prima facie a badge of fraud, yet the presumption of fraud may be rebutted by explanations. In the case of Wood v. DixieSearch
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Q.B. 894, the counsel, who was interested in maintaining the doctrine of Edwards v. HarbenSearch
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In Martindale v. BoothSearch
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B. & Ad. 498, Parke, Justice, says the dictum of Buller, Justice, in Edwards v. HarbenSearch
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the want of delivery is only evidence that the transfer was colorable. In Benton v. ThornbellSearch
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Lattimer v. BatsonSearch
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Cress. 652, the same doctrine is laid down. In the more modern English cases, the stringent doctrine of Edwards v. HarbenSearch
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from, and the want of possession of chattels purchased is considered evidence of fraud before the jury. In Kidd v. RawlinsonSearch
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money, and the goods fairly and safely left with the debtor. And this decision conformed to Lord Holt's view in Cole v. DavisSearch
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and Lord Eldon, many years afterwards, declared, in Lady Arundell v. PhippsSearch
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Ver. 145, that possession of goods by the vendor was only prima facie evidence of fraud. In Eastwood v. BrownSearch
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of fraud, the case must be submitted to the jury. But the case before us is not similar to that of Hamilton v. RussellSearch
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a matter of fact for the jury, and not a matter of law for the court. It is clearly not within the case of Hamilton v. RussellSearch
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purpose. But if such explanation may be given, it is a departure from the stringent rule in the case of Edwards v. HarbenSearch
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U.S. Supreme Court Warner v. NortonSearch
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of Hamilton v. RussellSearch
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of Edwards v. HarbenSearch
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Steward v. LambeSearch
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Edwards v. HarbenSearch
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of Wood v. DixieSearch
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In Benton v. ThornbellSearch
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In Kidd v. RawlinsonSearch
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Cole v. DavisSearch
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Lady Arundell v. PhippsSearch
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In Eastwood v. BrownSearch
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