25 Me. 153 | Me. | 1845
The opinion of the Court was drawn up by
This bill among other things alleges, that David Young, Jr. and William R. Babson, composing the firm of Young and Babson, during the years 1837, 8 and 9, purchased goods of the plaintiffs to the amount of between two and three thousand dollars; that suits were commenced against them in February, 1840, on which their real estate was attached ; that judgments were obtained in October, 1841; that on December 20, 3 841, the right of David Young, Jr. to redeem a
The prayer of the bill is, that the defendants may be required to convey the house and lot in Gardiner to the plaintiffs; that they may be ordered to pay the amount still due to the plaintiffs ; and for general relief. The proof has been taken, and the case, by agreement of the parties, has been submitted to a master to report the facts proved, and to state the result to which they would lead him. His report, substantially, negatives the fraud alleged in the conveyances, except in that from David Young to Joseph Young; and finds, that the conveyances from David Young, Jr. to David Young were made to secure the latter for liabilities, which he had assumed for the benefit of the former; that the amount received for the property so conveyed appears to have been more than sufficient for the discharge of all such liabilities; and that a balance, unless further proof should be admitted to reduce it, amounting to the sum-of $597,74, would remain to be accounted for by the defendants, David and Joseph Young.
The counsel for the plaintiffs contends, that they are entitled to a decree to have that balance paid to them in satisfaction of their debt. This is resisted by the counsel for the defendants.
It is necessary to adhere to the rule, that the rights of parties may be properly protected. If a friend of a debtor should take a conveyance of his property in good faith, to secure himself only for liabilities assumed for him, and should in a bill in equity be charged with having taken the conveyance to defraud creditors, while framing his answer and procuring his proofs, his attention would be directed only to the disproof of the alleged fraud. He would not be called upon by such a bill to state or prove, what disposition he had made of the property conveyed to him, or whether it had proved to be more than sufficient to indemnify him. He might to a certain extent more or less fully, and perhaps in some cases fully, exhibit it by the answer and proofs introduced to refute the charge of fraud. What was designed for one purpose might also accomplish another; but it would be unsafe and unjust
Bill dismissed with costs for the defendant.