Webster v. Wise
New York Court of Chancery
The complainant purchased from Jonah Phelps a piece of land in Columbia county, for which he afterwards paid the full amount of the purchase-money. While the complainant was in treaty for the purchase, the defendant Wise, a grandson of Phelps, obtained from the latter a judgment bond for $425, which he caused to be entered up in the Supreme Court before the deed upon the sale was executed. He *afberwards assigned the judgment, or part thereof, to the defendant Ford.
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The complainant purchased from Jonah Phelps a piece of land in Columbia county, for which he afterwards paid the full amount of the purchase-money. While the complainant was in treaty for the purchase, the defendant Wise, a grandson of Phelps, obtained from the latter a judgment bond for $425, which he caused to be entered up in the Supreme Court before the deed upon the sale was executed. He *afberwards assigned the judgment, or part thereof, to the defendant Ford. The latter caused an execution to be taken out and levied on the complainant’s land, and the same was afterwards sold and bid in…
1Opinion of the Court
The Chancellor :—Without going into a detail of all the testimony in this case, it is sufficient to say, it satisfies me beyond all doubt that the judgment against Phelps wás fraudulent and void as against the complainant. If the consideration was not wholly fictitious, there is much reason to believe the greater part of the pretended debt was made tip for the occasion. That it was the intention of Wise to obtain the judgment, and use it for the purpose of charging the land which the complainant was about to purchase, without letting him know of its existence until the purchase was completed…
2Cited by6 opinions
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Burtis v. Cook & SargentSupreme Court of Iowa · 1864
- State v. HollowayIndiana Supreme Court · 1846
- Marshall v. BerryMassachusetts Supreme Judicial Court · 1866
- Burck v. TaylorSupreme Court of the United States · 1894
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