Townsend v. Bumpus
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Seneca county. Action by C. O. Townsend, as receiver, against Sarah. E. Bumpus and another. From a judgment dismissing the complaint upon the merits, plaintiff appeals.
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 *515will be satisfied. Clift v. Moses, affirmed…
2Cases cited1 opinion
- Clift v. MosesNew York Supreme Court · 1894