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Marbury v. Brooks U.S. 556 (1822)

handle is hein.slavery/ussccases0077 and id is 1 raw text is: 556 CASES IN THE SUPREME COURT 1822. equal. I-lad the road stock been sold, it must have -been carried to the credit of the whole company. Marbury V. Upon every view we'can take of this subject, the Brooks. road stock can be considered only as a component part of each share, all individual property in which was lost on its being transferred to the company. It became consolidated with the other part of the capi- tal, and the charter of incorporation did not produce any change in this respect. Decree affirmed with costs. (CommoN LAw.) MARBURY V. BaOOKS. A debtor has a right to prefer one creditor to another in payment, and his private motives for giving the preference, cannot affect the oxer- cise of the right, if the preferred creditor has done nothing improper to procure it. But any unlawful consideration, moving from the preferred creditor, to induce the preference, will avoid the deed which gives it. It is not necessary, to the validity of such a deed, that the creditors, for whose benefit it is made, shouid have notice of the execution of the deed, provided they afterwards assent to the provisions made for their benefit. Wor is itany objection, to thevalidity of tbe deed, that it was made by the grantor, in the hope and expectation, that it would prevent a prosecution for a felony, connected with his transactions with hii creditors; if the favoured creditors have done nothing to excite that hope, and the deed was not made with their concurrence, and with -a knowledge of the motives which influenced the grantor, or was not afterwards assmnted to by them under some express or implied engageo- meat to suppress the prosection.

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