Wendell v. Lewis
New York Court of Chancery
The complainant in this Cause' was the purchase? of certain real estate in the city of Albany, under a judgment and execution against Stewart Lewis. And the object of this suit was to set aside several conveyances given on sales under pri- or judgments and executions, which the complainant alleged to be fraudulent as against him. The cause was heard upon pleadings and proofs, before the late vice chancellor of the fourth circuit.
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The complainant in this Cause' was the purchase? of certain real estate in the city of Albany, under a judgment and execution against Stewart Lewis. And the object of this suit was to set aside several conveyances given on sales under pri- or judgments and executions, which the complainant alleged to be fraudulent as against him. The cause was heard upon pleadings and proofs, before the late vice chancellor of the fourth circuit. And he decreed the conveyances, under which the defendants claimed, to be fraudulent and void,- and that the complainant was entitled to the premises in controversy,…
1Opinion of the Court
The Chancellor.
There is not any suEcient cause-shown for the-negléct to produce the proof in relation to the value of Stewart Lewis’ property, which would authorize the opening-of the order to close the proofs, in this stage of the cause, even if. the appellate court had jurisdiction to. rehear the case on new evidence which was not before .the vice chancellor. It appears, from the complainant’s depositions, that he examined witnesses as tozthe value of Stewart Lewis’ property at the time of giving the $80,000 judgment to his mother which is charged to be fraudulent. And if those witnesses…
2Cited by3 opinions
- Reed v. ReedMassachusetts Supreme Judicial Court · 1874
- Finlayson v. LipscombSupreme Court of Florida · 1876
- Thompson v. TaylorNew York Supreme Court · 1878