Trenton Banking Company v. . Duncan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 1, 1881, which affirmed a judgment in favor of defendant, 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 first judicial department, entered upon an order made April 1, 1881, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term." This action was brought to set aside certain conveyances of real estate made to defendant by certain members of the firm of Duncan, Sherman & Co., and that the lands be adjudged subject to the lien of a judgment obtained by plaintiff against the members of a firm for a firm indebtedness, execution whereon had been returned unsatisfied. The lands…
1Opinion of the CourtAndrews, J.
It is not claimed that the plaintiff’s judgment attached as a lien upon any interest, legal or equitable, of the judgment debtors, in the premises sought to be charged in this action. They had no such interest, jointly or separately, either at the time of the recovery of the judgment, or the accruing of the indebtedness upon which it was rendered.
The title of record to the bank building and premises, had been from June 28, 1853, in Alexander Duncan, Watts Shenhan and William B. Duncan. The actual legal title was in Alexander Duncan, under a conveyance to the three persons named, and a…
2Cases cited2 opinions
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Storrs v. BarkerNew York Court of Chancery · 1822
3Cited by67 opinions
- Kraker v. RollAppellate Division of the Supreme Court of the State of New York · 1984
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1887
- Anfenson v. BanksSupreme Court of Iowa · 1917
- Moffat v. . HermanNew York Court of Appeals · 1889
- Graham v. ThompsonSupreme Court of Arkansas · 1892
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