National Tradesmen's Bank v. Wetmore
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 9, 188Y, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directed final judgment against plaintiff dismissing tiie complaint with costs.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 9, 188Y, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directed final judgment against plaintiff dismissing tiie complaint with costs. This action was brought to set aside, as fraudulent, a deed from Abner 0. Wetmore through a third person to his wife, the defendant herein, and for a sale of the lands described therein in order to pay a debt due plaintiff from said Abner C. Wetmore. Between August 20,…
1Dissent
Follett, Ch. J.
(dissenting). A transfer of real or personal property which is fraudulent as to creditors, nevertheless divests the transferer of his title to the subject of the transfer, and he' can never recover it by action, nor thereafter vest by contract or by will a third person with any right to or interest in it; and upon his death no title or right of action in respect to it passes from him to his heirs or next of kin, nor does his administrator acquire any title to the property or right to recover it by virtue of any succession in interest. The fraudulent transferee holds the legal…
2Cases cited4 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Matter of Accounting of WaiteNew York Court of Appeals · 1885
- Spring v. . ShortNew York Court of Appeals · 1882
- Ackerman v. CrossNew York Supreme Court · 1863