Swart v. Oakley
New York Supreme Court
Action by judgment creditor to have a conveyance declared fraudulent and void. On motion for judgment.
1Opinion of the CourtBeach, J.
The plaintiff, assignee of a judgment against defendant Emily B. Oakley, brings suit to declare fraudulent and void a conveyance of realty by said defendant as having been made without consideration, when indebted to plaintiff’s assignor, who subsequently obtained a judgment for the debt. Emily B. Oakley liad mortgaged the property. The mortgagees foreclosed, and upon a sale the surplus moneys were, by order of the court, deposited with defendant the Central Trust Company, presumably to the credit of the action, and to be disposed of under the court’s order. The conveyance attacked conveyed a…
2Cases cited2 opinions
- People Ex Rel. Morris v. . RandallNew York Court of Appeals · 1878
- Roberts v. Albany & West Stockbridge Rail RoadNew York Supreme Court · 1857
3Cited by1 opinion
- In re McNultyNew York Supreme Court · 1910