Doctor v. . Hughes
New York Court of Appeals
Appeal from a judgment entered December 12, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered December 12, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Under the deed of trust made by her father, the defendant Elizabeth L> Hughes is a person in being who would have an immediate right to the possession of one-half of the trust estate on the determination of the…
1Opinion of the CourtCardozo, J.
The action is brought by judgment creditors to subject what is alleged to be an interest in real property to the hen of a judgment.
In January, 1899, James J. Hanigan conveyed to a trustee a house and lot in the city of New York. The conveyance was in trust to pay from the rents and profits to the use of the grantor the yearly sum of $1,500. The payments might, however, exceed that sum in the discretion of the trustee. Direction was also made for the payment of some debts, and for the payment of two mortgages then hens upon the property. The trustee was empowered to mortgage, in order to pay…
2Cases cited19 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Moore v. LittelNew York Court of Appeals · 1869
- Doane v. . Mercantile Trust Co.New York Court of Appeals · 1899
- Campbell v. . RawdonNew York Court of Appeals · 1858
- Alexander v. de KermelCourt of Appeals of Kentucky · 1883
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3Cited by103 opinions
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Davis v. First National Bank of WacoTexas Supreme Court · 1942
- In Re the Accounting of EvansNew York Court of Appeals · 1922
- Whittemore v. Equitable Trust Co.New York Court of Appeals · 1929
98 more not listed; retrieve them via the Exa API.