Legal Opinion

Haston v. Castner

Supreme Court of New Jersey

Decided November 15, 1879PublishedCited by 23 opinions

Suit in equity by several creditors of Moore Castner, deceased, against Ms sons Michael and Nathan Castner, for the purpose of charging two farms, situate in Hunterdon ■county, which the deceased conveyed to them respectively, with so much of the debts of the complainants as have not been paid by the administrator. It appeared that the estate of Moore Castner was insolvent, and had been settled.

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Suit in equity by several creditors of Moore Castner, deceased, against Ms sons Michael and Nathan Castner, for the purpose of charging two farms, situate in Hunterdon ■county, which the deceased conveyed to them respectively, with so much of the debts of the complainants as have not been paid by the administrator. It appeared that the estate of Moore Castner was insolvent, and had been settled. On appeal from a decree of the chancellor, reported in Haston v. Castner, 2 Stew. 536.

1Opinion of the Court

The opinion of the court was delivered by

Beasley, O. J.

This is a creditor’s bill seeking to charge certain lands with the debts of a deceased grantor, on the ground that the conveyances which he made of such lands to his sons, were in fraud of creditors. As the complainants are simply *698creditors at large, not having put their claims in the form of a judgment, the first question to be disposed of is, whether they have any standing in equity that will justify the exhibition of this bill.

It cannot be denied that, in this state, the general rule is entirely settled that, in order to enable a…

2Cases cited3 opinions

  1. Reade v. LivingstonNew York Court of Chancery · 1818
  2. Loomis v. TifftNew York Supreme Court · 1853
  3. Phelps v. PlattNew York Supreme Court · 1867

3Cited by23 opinions

  1. Aetna, C., Co. v. International, C., Corp.New Jersey Court of Chancery · 1934
  2. Irvington v. OllemarNew Jersey Court of Chancery · 1940
  3. Franklin Nat. Bank v. FreileNew Jersey Court of Chancery · 1934
  4. Buckley v. MaupinSupreme Court of Missouri · 1939
  5. Central-Penn, Bank v. N.J. FidelityNew Jersey Court of Chancery · 1935

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