Scofield v. Spaulding
New York Supreme Court
Appeal from special term, Otsego county. •Action by Byron J. Scofield, receiver of William Spaulding, against William Spaulding and Philo B. Spaulding, to set aside a conveyance of a house and lot in Oneonta; also a vacant lot; which conveyance was executed on the 3d day of January, 1885, and recorded on the-day of January, 1885, and recited a consideration of $3,200. The grantee, Philo B. Spaulding, gave, in exchange for the conveyance, a deed of a patent-right for shears…
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Appeal from special term, Otsego county. •Action by Byron J. Scofield, receiver of William Spaulding, against William Spaulding and Philo B. Spaulding, to set aside a conveyance of a house and lot in Oneonta; also a vacant lot; which conveyance was executed on the 3d day of January, 1885, and recorded on the-day of January, 1885, and recited a consideration of $3,200. The grantee, Philo B. Spaulding, gave, in exchange for the conveyance, a deed of a patent-right for shears or pruning hook, for the territory of 31 counties in the state of Pennsylvania. The referee has found that the deed of…
1ConcurrenceMartin, J.
I fully concur in the opinion of Mr. J ustice Hardin that the evidence justified the referee in finding that the transfer in question was made with an intent on the part of the grantor to hinder, delay, and defraud his creditors, and that the grantee was a participant in such fraudulent intent.
The more difficult questions to be solved in this case arise from the admission of certain evidence which was objected to, and admitted under the appellants’ exception. On the trial the respondent was permitted to prove'the declarations of the grantor, made after the transfer in question was perfected…
2Cases cited10 opinions
- Wright v. . NostrandNew York Court of Appeals · 1883
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Tilson v. . TerwilligerNew York Court of Appeals · 1874
- Hutchins v. . HutchinsNew York Court of Appeals · 1885
- Gibney v. . MarchayNew York Court of Appeals · 1866
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