Loos v. . Wilkinson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1887, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1887, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. The plaintiffs, judgment-creditors, with executions returned unsatisfied, of J. Foreman Wilkinson and Alfred Wilkinson, brokers in Syracuse, doing business under the firm name of Wilkinson & Co., commenced this action to set aside, as made with intent to hinder, delay and defraud their creditors, a deed of certain real estate, dated May 5,1884,…
1Opinion of the CourtEarl, J.
The court at Special Term found that the deed executed to John Wilkinson by his brothers J. Foreman and Alfred, for a consideration named therein of $140,000, covered real estate worth $375,000, which was subject to two mortgages amounting at the time to $93,600 ;■ that the deed was mostly voluntary and without consideration, and was executed, delivered and accepted when the grantors were insolvent, to the knowledge of all the parties thereto, and with the intent of each and all of them.to hinder, delay, cheat and defraud the plaintiffs and the other creditors of the grantors; that-the…
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