Legal Opinion

Ward v. Van Bokkelen

New York Court of Chancery

Decided July 6, 1830PublishedCited by 17 opinions

In January, 1807, Samuel Beebe filed a bill in this court against Thomas Post, and the second of November thereafter obtained a decree against Post for $3290,98, together with his costs to be taxed. At the time that decree was, entered, Post was the owner of considerable real estate in the-city of New-York, which, on the 11th of November,. 1807, he . conveyed to-his mother in law, Elizabeth Morris.

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In January, 1807, Samuel Beebe filed a bill in this court against Thomas Post, and the second of November thereafter obtained a decree against Post for $3290,98, together with his costs to be taxed. At the time that decree was, entered, Post was the owner of considerable real estate in the-city of New-York, which, on the 11th of November,. 1807, he . conveyed to-his mother in law, Elizabeth Morris. Shortly after this conveyance, Post applied for a discharge under the . insolvent -act, (three fourth act;) and in November, 1808, upon making an assignment of all his estate, agreeably to the…

1Opinion of the Court

The Chancellor.

If the transactions to which the pleadings and proofs in1 this case relate were of recent occurrence, the weight of testimony would certainly be against the validity of the conveyances of November, 1807. There is certainly much reason to suspect that the property was conveyed to Mrs. Morris for the purpose of defrauding Beebe of his- debt. But considering the staleness of the transaction, • the fact that an investigation took place before the recorder a few months after the conveyance of the property, and the extraordinary circumstances, under which this claim is now brought…

2Cited by17 opinions

  1. Robinson v. Springfield Co.Supreme Court of Florida · 1885
  2. Vance v. EvansWest Virginia Supreme Court · 1877
  3. Lynchburg Iron Co. v. TayloeSupreme Court of Virginia · 1884
  4. Ross v. DavisSupreme Court of Arkansas · 1856
  5. Land Co. of New Mexico v. ElkinsU.S. Circuit Court for the District of Southern New York · 1884

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