John Marshall

“ But, the distinction between a declaration that a third person, a mere volunteer, claiming under a deed fraudulently obtained by a person acting for his interests. can be reached by a Court of equity, though such volunteer had 'no personal interference in the transaction,' and a declaration that every person claiming under such a deed for a valuable consideration, though entirely untained by the fraud, and unconnected with those concerned in it, must, necessarily, lose his property, is too obvious not to be perceived. ”

“ The preference of creditors of a particular description, over others, being one which a debtor has a right to make, the sale of his property, and the payment of the proceeds to such favoured creditors, being an act which the debtor may perform by himself or his agent, we cannot conceive, that the motives which may have induced the preference, although communicated to the agent, can, in reason, affect the transaction, provided nothing has occurred on the part of the creditors, which is in any degree exceptionable, either in law or justice. ”

“ In Massachusetts, it seems, that an assignment in trust for such creditors as should, within a certain time, become parties to the deed, and release their demands, is void as against the dissenting creditors. ”

“ Real creditors are rarely unwilling to receive their debts from any hand which will pay them. No such unwillingness can be gratuitously ascribed to the holders of forged notes. Unless there be proof to the contrary, the banks must be considered as willing to receive payment from Mr. Marbury, or any other person, from the proceeds of the sales of this property, or from any other fund. This deed was executed on the 31st day of January, 1819, and the attachment was sued out on the 10th of February, 1820. Time was required to sell the property, and to collect the proceeds of the sales. ”

“ It is understood that there is no residue; and that if the deed be valid, the debts due to the favoured creditors will be paid to the exclusion of all others; if it be invalid, the whole proceeds must be paid to the attaching creditors in the order in which they stand, to the exclusion of those for whose benefit the deed was made, and of those attaching creditors also for whom nothing shall remain after satisfying prior attachments. ”

“ It has been said, that this deed, as between Fitzhugh and Marbury, is fraudulent, and that no person, however, innocent, can take any thing under a fraudulent deed.
This proposition is certainly laid down too broadly. That deeds which are absolutely void cannot be the foundation of title, or that a cestui que trust can claim nothing under a deed which is fraudulently obtained by his trustee, or agent, acting by his authority, need not be controverted ”

“ Rep. 229. where all the authorities on the subject will be found collected. Even after these very learned and able discussions, it must still be considered as an unsettled question of international law. ”

“ The opinion, that Chancellor Kent intended to confine this observation to the particular case, is strengthened by a reference to the authority on which he relies. He cites Huguenin v. Baseley, (14 Vesey's Rep. 273.) in which case the Lord Chancellor said, 'With regard to the interests of the wife and children of the defendant, there was no personal interference on their part in the transactions that have produced this suit. If, therefore, their estates are to be taken from them, that relief must be given with reference to the conduct of other persons ”