Shaver v. Brainard
New York Supreme Court
THIS is a suit brought by the plaintiff, as receiver of William L. Flint, in the nature of a creditor’s bill, to. set aside a conveyance of real estate by William L. Flint to the defendant Jerusha Brainard, and- also a conveyance of the same premises by the said Jerusha to the defendant.Currance J. Flint.
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THIS is a suit brought by the plaintiff, as receiver of William L. Flint, in the nature of a creditor’s bill, to. set aside a conveyance of real estate by William L. Flint to the defendant Jerusha Brainard, and- also a conveyance of the same premises by the said Jerusha to the defendant.Currance J. Flint. The complaint set forth a judgment against William L. Flint, in the supreme court, an execution issued thereon, and a return by the sheriff of nulla bona; and the plaintiff sought in this suit to set aside the said conveyances, and for a judgment of the court, directing his judgment against…
1Opinion of the CourtMason, J.
There is no doubt but William L. Flint was a necessary and an indispensable party defendant in this case. The effect of the judgment given by the court below is to set aside his conveyance to Mrs. Brainard, and declare that the deed shall stand as a mortgage to Mrs. Brainard for $300, and that the land shall be sold as his (Flint’s) land; and after paying Mrs. Brainard’s $300, that the balance of the avails shall be applied to the payment of the plaintiff’s judgment against Flint. Now, this judgment has been rendered, setting aside Flint’s conveyance to Mrs. B., and ordering __ Flint’s…
2Cases cited5 opinions
- Van Epps v. Van DeusenNew York Court of Chancery · 1833
- Davis & Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
- Greenleaf v. QueenSupreme Court of the United States · 1828
- Dunn v. ChamberNew York Supreme Court · 1848
- Vanderwerker v. VanderwerkerNew York Supreme Court · 1849
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- Cottrell Et Ux. v. Prier Et Ux.Oregon Supreme Court · 1949
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