Legal Opinion

Waterbury v. Sturtevant

New York Supreme Court

Decided December 15, 1837PublishedCited by 6 opinions

[355] Appeal from chancery. Sturtevant filed a bill in chancery, to set aside, as fraudulent, a conveyance of a moiety of a house and lot in the city of New-York, executed by Jera Waterbury to Nathaniel Waterbury. On the ninth day of October 1828, the respondent recovered a verdict against Jera Waterbury for $5000, on which, according to the practice of the court, judgment could not be entered until the eighteenth of October.

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[355] Appeal from chancery. Sturtevant filed a bill in chancery, to set aside, as fraudulent, a conveyance of a moiety of a house and lot in the city of New-York, executed by Jera Waterbury to Nathaniel Waterbury. On the ninth day of October 1828, the respondent recovered a verdict against Jera Waterbury for $5000, on which, according to the practice of the court, judgment could not be entered until the eighteenth of October. Previous to that day, to wit: on the eleventh day of October, Jera Waterbury executed a deed, conveying to his father, Nathaniel Waterbury, an undivided moiety of a…

1Opinion of the Court

After advisement, the following opinions were delivered:

By Justice Cowen.

[357] The case in short is this: Sturtevant recovers a verdict of $5000 against Jera Waterbury, on the 9th of Octoher, 1828. On that day, Jera was the owner of an ample real and personal estate, owning lands in the city of New-York liable to execution, more than enough to discharge the judgment which was to follow, with an available personal property more than enough to pay all his other debts ; and moreover, he was engaged in the prosecution of a profitable mercantile business in the city. Two days after the verdict,…

2Cases cited4 opinions

  1. Wilbur v. StricklandSupreme Court of Pennsylvania · 1829
  2. Kauffelt v. BowerSupreme Court of Pennsylvania · 1821
  3. Reitenbach v. ReitenbachSupreme Court of Pennsylvania · 1828
  4. Babb v. ClemsonSupreme Court of Pennsylvania · 1824

3Cited by6 opinions

  1. Tipton v. . FeitnerNew York Court of Appeals · 1859
  2. Reynolds v. PeopleNew York Supreme Court · 1871
  3. Saunders v. ShortCourt of Appeals for the Ninth Circuit · 1898
  4. Chase v. HatchThe Superior Court of New York City · 1866
  5. Chase v. HoganNew York Supreme Court · 1867

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