Legal Opinion

Bank of the United States v. Housman

New York Court of Chancery

Decided July 4, 1837PublishedCited by 28 opinions

This was an appeal from a decree of the vice chancellor of the first circuit. The bill was filed by the complainants as judgment creditors of Jacob Housman to set aside three conveyances made by him to his sons ; and to compel the latter to apply the monies which they had received upon a subsequent conveyance of a part of the premises in satisfaction of the complainants’ judgments, execution upon such judgments having been returned unsatisfied.

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This was an appeal from a decree of the vice chancellor of the first circuit. The bill was filed by the complainants as judgment creditors of Jacob Housman to set aside three conveyances made by him to his sons ; and to compel the latter to apply the monies which they had received upon a subsequent conveyance of a part of the premises in satisfaction of the complainants’ judgments, execution upon such judgments having been returned unsatisfied. The bill charged that in November, 1824, Jacob Housman became indebted to the complainants as the drawer of a note for $3000, endorsed by the…

1Opinion of the Court

The following opinion was delivered by the vice chancellor at the time of making his decree:

W. T. McCoun, V. C.

This case can be disposed of more satisfactorily to my own mind, upon the points of law which have been raised with respect to the force and operation of the deeds as between the father and sons, the defendants in this suit, than upon the question of fact presented by the' pleadings and proofs as to the bona tides of the transaction. That question is whether the motive on the part of the father Jacob Housman was fair and honest in settling the property upon his sons, or whether his…

2Cases cited2 opinions

  1. Sexton v. WheatonSupreme Court of the United States · 1823
  2. Jackson ex dem. Wood v. SwartNew York Supreme Court · 1822

3Cited by28 opinions

  1. Peck v. VandenbergCalifornia Supreme Court · 1866
  2. Central National Bank v. DoranSupreme Court of Missouri · 1891
  3. Carr v. . BreeseNew York Court of Appeals · 1880
  4. Dunlap v. . HawkinsNew York Court of Appeals · 1874
  5. Mutual Life Insurance v. CoreyNew York Court of Appeals · 1892

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