Dygert v. Remerschneider
New York Supreme Court
THIS case is upon a complaint in equity, to set aside several conveyances as fraudulent. George Remerschneider, on the 3d June, 1861, conveyed two certain lots of land in Canajoharie, Montgomery county, to the defendant John Bigler, who, on the same day, conveyed the same lands to the defendant Catherine Remerschneider, who was the sister of Bigler, and the wife of George Remerschneider.
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THIS case is upon a complaint in equity, to set aside several conveyances as fraudulent. George Remerschneider, on the 3d June, 1861, conveyed two certain lots of land in Canajoharie, Montgomery county, to the defendant John Bigler, who, on the same day, conveyed the same lands to the defendant Catherine Remerschneider, who was the sister of Bigler, and the wife of George Remerschneider. The defendant Catherine subsequently conveyed one of the lots to the defendant Satz, and took back a mortgage for the consideration money. The plaintiff is a judgment creditor of George Remerschneider. An…
1Opinion of the CourtPotter, J.
Starting with the plaintiff’s case unexplained by the defense, the facts that the defendant George Bemerschneider was at the date of the deeds in question liable for the plaintiff’s demand as a just debt; that he was then the owner of real estate of sufficient value to satisfy such debt; that five days after the commencement of the action on the note he conveyed the said lands with the intent to vest the title in his wife; and that he still occupies and enjoys a portion of the said property with his wife; were sufficient, prima facie, for the plaintiff to rest his case upon. These facts cast…
2Cases cited3 opinions
- Reynolds v. LansfordTexas Supreme Court · 1856
- Pinkston v. McLemoreSupreme Court of Alabama · 1857
- Simmons v. McElwainNew York Supreme Court · 1857
3Cited by1 opinion
- Carter v. Worthington & SmithSupreme Court of Alabama · 1886