Farquharson v. Eichelberger

Le Grand, C. J., delivered the opinion of this court. This is an attachment. The debt, and a sufficiency of funds in the hands of the garnishees to pay it, are not denied. The defence, is, that on the 16th day of December 1854, the defendant, Lewis A. Muncks, executed a deed to the garnishees of his property, for the payment of his debts, in reply, the plaintiff contends that this deed is void, and asked the court below to so instruct the jury, which the court refused to do.

Upon the validity of the deed depends the decision of this case. In its premises, or recital, it declares, that the said Lewis A. Muncks “hath granted, bargained and sold, assigned, conveyed, transferred and made over, and by these presents doth grant, bargain and sell, assign, transfer, convey and make over, unto the said Qtho W. Eicheíberger and Jacob Trust, and the survivor of them, and the executors and administrators of such survivor, all and singular the goods, Wares, merchandise, stock in trade, chattels, property and estate of every kind and description belonging to the said Lewis A. Muncks, and all debts, sum and sums of money, books of account, claims, and other things due, owing and belonging to the said Lewis A. Muncks, and all his estate and interest therein.” In the habendum of the instrument it is said, that the grantees are “to have and to hold all the said estate and property, stock in trade, chattels and effects, debts, claims and sums of money hereby mentioned to be conveyed, transferred and assigned, unto the said parties hereto of the second part, and the survivor of them, and the executors and administrators of such survivor, in trust and ■confidence,” <fcc„ ⁷² The reasons assigned in argument why the deed should be considered void, are somewhat different from those urged at the trial below. It is urged before this court, that the deed was, and is, void, because it was intended to convey, and only conveys, the personal property of the grantor, and does not necessarily convey all his property, real and personal, and not a fee-simple interest in his lands, if he had any. This objection was not embraced in the instruction refused by the court, but had it bedn we do not think it should have availed.

In construing deeds of trust in favor of creditors; this court has, on more occasions than one, said; that the deed, on its face, must convey all the property of the grantor, and that the. deed must be interpreted by its own