Townsend v. Bumpus
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, C. 0. Townsend, as receiver, etc., of Harry Bumpus, from a judgment of the Supreme Court in favor of the defendant Sarah E. Bumpus, entered in the office of the clerk of the county of Seneca on the 1st day of June, 1897, upon the decision of the court rendered after a trial at the Seneca Special Term dismissing the complaint upon the merits.
1Dissent
Hardin, P. J. (dissenting):
According to the evidence the farm was subject to a mortgage of $2,500, and was purchased by the daughter, subject to the mortgage in settlement of her claim of some $1,600 against her father, without any intent to defraud his creditors. The insertion in the deed of the clause as to the support of the father was no part of the actual consideration or agreement upon the part of the daughter. Under such circumstances, if she is required to account-for any excess of value of the property purchased above her debt, equity will be satisfied. (Clift v. Moses, 75 Hun, 517;…
2Cases cited2 opinions
- Clift v. MosesNew York Supreme Court · 1894
- Clift v. . MosesNew York Court of Appeals · 1896