King v. Wilcox
New York Court of Chancery
This was an appeal, by the defendants, from a decree of the vice chancellor of the eighth circuit, setting aside a conveyance, from the defendant Wilcox to his co-defendant. Sawyer, as fraudulent and void, as against the creditors of the grantor. Previous to the fourth of July, 1828, Wilcox was the owner and in the actual possession of the premises in controversy, a house and lot in Rochester, subject to two small mortgages.
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This was an appeal, by the defendants, from a decree of the vice chancellor of the eighth circuit, setting aside a conveyance, from the defendant Wilcox to his co-defendant. Sawyer, as fraudulent and void, as against the creditors of the grantor. Previous to the fourth of July, 1828, Wilcox was the owner and in the actual possession of the premises in controversy, a house and lot in Rochester, subject to two small mortgages. On that day he executed a conveyance of the premises to Sawyer, his brother-in-law, for the alleged consideration of $1800.. The deed Wilcox acknowledged and caused to be…
1Opinion of the Court
The Chancellor.
I have no doubt, from the evidence in this cause, that there was actual fraud in the conveyance of July, 1828; and that the whole of the transactions between the defendants in relation to the premises, were intended to hinder, delay and defraud the creditors of Wilcox, and to prevent them from collecting their debts out of the premises in question. The reasons assigned in the opinion of the vice chancellor for coming to that conclusion, are perfectly satisfactory to my mind upon that point. The vice chancellor is also right in supposing that the alleged compromise of the…
2Cited by27 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1889
- Dewey v. . MoyerNew York Court of Appeals · 1878
- Adams v. YoungMassachusetts Supreme Judicial Court · 1909
- In re WilcoxCourt of Appeals for the Second Circuit · 1900
- Baker v. GilmanNew York Supreme Court · 1868
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