Boyd v. Dunlap
New York Court of Chancery
THE plaintiffs recovered four judgments against W. Dunlap, the elder, and James Gardner, defendants, on four promissory notes, made in May, 1811. Executions were issued, in May, 1812, on the judgments, amounting to 1,137 dollars and 37 cents ; and the sheriff having levied on the supposed real and personal estate of W. Dunlap, his son, W. Dunlap, jun., interposed a claim to the personal property, by virtue of a bill of sale, dated the 30th of _ May, 1811, for the…
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THE plaintiffs recovered four judgments against W. Dunlap, the elder, and James Gardner, defendants, on four promissory notes, made in May, 1811. Executions were issued, in May, 1812, on the judgments, amounting to 1,137 dollars and 37 cents ; and the sheriff having levied on the supposed real and personal estate of W. Dunlap, his son, W. Dunlap, jun., interposed a claim to the personal property, by virtue of a bill of sale, dated the 30th of _ May, 1811, for the consideration of 348 dollars, and to the real estate by virtue of a deed, dated the 24th of December, 1810, from his father, W.…
1Opinion of the Court
The Chancellor.
The bill seeks for discovery and relief, on the ground of fraud, against a deed of land, and a bill of sale of chattels, alleged to have been given by the elder to the younger Dunlap. The plaintiffs appear in the character of creditors, and the younger' Dunlap sets up a title as purchaser from the debtor. I do not discover, from a view of the pleadings and proofs, such traces of actual and direct fraud; as to feel myself warranted in directing the conveyance of the real estate to be delivered up and can-celled, as absolutely null and void. There is a marked *482difference between…
2Cited by59 opinions
- Veazie v. WilliamsSupreme Court of the United States · 1850
- Lehman v. LewisSupreme Court of Alabama · 1878
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Lynch v. BurtCourt of Appeals for the Eighth Circuit · 1904
- Garland v. RivesCourt of Appeals of Virginia · 1826
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