Rogers v. Patterson
New York Supreme Court
Appeal from special term, New York county. Action by Andrew J. Rogers against Elizabeth Patterson and others, impleaded, etc. A demurrer to the complaint was overruled, and defendants appeal.
1Opinion of the CourtBarrett, J.
The complaint here demurred to is framed upon the theory that in an action under the statute against heirs to enforce their liability for debts of the decedent to the extent of their respective estates in the realty fraudulent transfers by such heirs can be attacked, and judgment given that such debts be collected out of the realty, notwithstanding such fraudulent alienation. We do not think this position can be sustained. It proceeds upon an inaccurate view of the rights of the creditor, and especially of the remedy provided by the statute. During three years after the decedent’s death the…
2Cases cited9 opinions
- Hauselt v. . PattersonNew York Court of Appeals · 1891
- Platt v. . PlattNew York Court of Appeals · 1887
- Hyde v. TannerNew York Supreme Court · 1847
- Wambaugh v. GatesNew York Court of Chancery · 1845
- Covell v. WestonNew York Supreme Court · 1823
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3Cited by10 opinions
- Avery v. AveryAppellate Division of the Supreme Court of the State of New York · 1907
- Ehnes v. NolanNew York Supreme Court · 1953
- Green v. DunlopAppellate Division of the Supreme Court of the State of New York · 1909
- Howell v. RandallNew York Supreme Court · 1901
- In re the Judicial Settlement of the Accounts of SullardNew York Surrogate's Court · 1921
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