Cook v. Lee
Supreme Court of New Hampshire
Bile in Equity, by the administrator and widow of John J. Lee and the guardian of his only child, to avoid a fraudulent conveyance.
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Bile in Equity, by the administrator and widow of John J. Lee and the guardian of his only child, to avoid a fraudulent conveyance. Transferred from the April term, 1903, of the superior court by Peaslee, J. John J. Lee had a son by Sarah Stewart and had promised to marry her; but having made up his mind to prevent her and his son from taking any part of his property, made a voluntary conveyance of his real estate to his sister Kate, the defendant, with the purpose of defeating Sarah’s rights as his wife and his son’s rights as his heir if he concluded to marry Sarah, or to defeat her rights…
1Opinion of the CourtYoung, J.
The statute of 13 Elizabeth (c. 5) provides in substance that a fraudulent conveyance is voidable by those who are injured by it; so the only persons who can avoid a fraudulent conveyance are those who might take the property from the grantor or from his heirs if no conveyance had been made. Esty v. Long, 41 N. H. 103; Stevens v. Morse, 47 N. H. 532; Stewart v. Inglehart, 7 G. & J. 132,—28 Am. Dec. 202; Bump Fr. Con., ss. 432, 433, 451.
A conveyance tainted with actual fraud as to any persons may be avoided not only by those whose claims were in existence at the time the conveyance was made,…
2Cases cited2 opinions
- Cole v. . TylerNew York Court of Appeals · 1875
- Stewart v. IglehartCourt of Appeals of Maryland · 1835
3Cited by5 opinions
- McDermott v. McDermottSupreme Court of Connecticut · 1921
- Belisle v. BelisleSupreme Court of New Hampshire · 1937
- Arwe v. WhiteSupreme Court of New Hampshire · 1977
- Lamarre v. LamarreSupreme Court of New Hampshire · 1930
- Brigham v. MaddenSupreme Court of New Hampshire · 1906