Warner v. Blakeman
New York Supreme Court
THIS action was commenced on the 28th day of November, 1859, by the above named plaintiffs, against the defendants, to set aside two mortgages and the forceclosure of one of them, and subsequent conveyances and contracts for the sale of parts of said mortgaged premises, on the ground that the said first two mortgages had been fully paid and satisfied prior to said foreclosure, and that said foreclosure and sale of the premises were fraudulent and void as to the plaintiffs,…
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THIS action was commenced on the 28th day of November, 1859, by the above named plaintiffs, against the defendants, to set aside two mortgages and the forceclosure of one of them, and subsequent conveyances and contracts for the sale of parts of said mortgaged premises, on the ground that the said first two mortgages had been fully paid and satisfied prior to said foreclosure, and that said foreclosure and sale of the premises were fraudulent and void as to the plaintiffs, they being judgment creditors of the mortgagor. The pleadings are sufficiently stated in the opinion of the court. On or…
1Opinion of the Court
By the Court,
Morgan, J.
The plaintiffs are judgment creditors of Sandford Turner and Robert Turner, and the *512defendant Blakeman went into possession of certain lands which he purchased of Bobert Turner, upon which the judgment was a lien, and which probably once belonged to Bobert and Sandford, although the case does not in express terms so find.
It would appear from the pleadings and evidence, as'well as the findings of fact by the referee, that Blakeman, before the commencement of this suit, conveyed or contracted away the premises in question, in different parcels, to Daniel P. Price, to…
2Cases cited12 opinions
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Millspaugh v. McBrideNew York Court of Chancery · 1839
- Moyer v. . HinmanNew York Court of Appeals · 1855
- Brown v. LynchNew York Court of Chancery · 1828
- Anderson v. RobertsNew York Supreme Court · 1820
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rogers v. BarnesMassachusetts Supreme Judicial Court · 1897
- Splahn v. GillespieIndiana Supreme Court · 1874
- Lewis v. DuaneNew York Supreme Court · 1893
- Vannice v. BergenSupreme Court of Iowa · 1864