Baker v. Potts
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Oswego county. Suit to set aside a fraudulent conveyance by William H. Baker against Abby Potts and another. From a judgment for plaintiff, defendants appeal. On the 13th day of May, 1886, the defendant Abby Potts gave her mortgage to one Martin Cox upon 93 acres of land owned by her, to secure the payment of the sum of $700. A bond accompanied the mortgage, which was executed by the mortgagor and her husband, Van Rensselaer Potts.
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Appeal from special term, Oswego county. Suit to set aside a fraudulent conveyance by William H. Baker against Abby Potts and another. From a judgment for plaintiff, defendants appeal. On the 13th day of May, 1886, the defendant Abby Potts gave her mortgage to one Martin Cox upon 93 acres of land owned by her, to secure the payment of the sum of $700. A bond accompanied the mortgage, which was executed by the mortgagor and her husband, Van Rensselaer Potts. The mortgagee, Cox, died intestate July 1, 1897, being then the owner of the mortgage, the principal of which was unpaid; and William…
1Opinion of the CourtSpring, J.
It is contended on behalf of the appellant that the action cannot be maintained, inasmuch as the lands owned by Mrs. Huff, and conveyed to the plaintiff, and which were subject to the lien of the deficiency judgment, have never been sold by virtue of the judgment. The court has found that the Syracuse property is of the value of $1,500, and was subject to the mortgage of $1,000; showing, therefore, a tangible equity in Mrs. Huff of $500, which upon a sale might have been applied in reduction of the judgment. It has always Been held that, before a judgment creditor can resort to equity to…
2Cases cited10 opinions
- Smith v. . ReidNew York Court of Appeals · 1892
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Cole v. . TylerNew York Court of Appeals · 1875
- Child v. BraceNew York Court of Chancery · 1834
- Townsend v. . WhitneyNew York Court of Appeals · 1878
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3Cited by1 opinion
- Lovejoy v. ChapinNew York Supreme Court · 1909