Jackson, ex rel. Bigelow v. Timmerman
New York Supreme Court
This was an action of ejectment, tried at the Oneida circuit in April, 1830, before the Hon. Nathan Williams, one of the circuit judges.
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This was an action of ejectment, tried at the Oneida circuit in April, 1830, before the Hon. Nathan Williams, one of the circuit judges. The lessor of the plaintiff claimed the premises in question, 100 acres of land, by virtue of a purchase made by him at a sheriff’s sale on an execution under a judgment in favor of A. Haring, against George G. Klock, docketed 6th November, 1817; the execution was returnable in October, 1827, on which the sheriff was directed to levy $308,43, a balance due in 1824. The sale took place on the 5th November, 1827, and the sheriff’s deed bore date 10th February,…
1Opinion of the Court
By the Court,
Sutherland, J.
The judge erred in deciding as a question of law, that the deed from George G. Klock to his daughter, the wife of the defendant, was fraudulent and void against the then existing creditors of Klock, on the ground that it was voluntary. Whether fraudulent or not, was in this, as in all other cases, a question of fact for the jury. There is no such thing as fraud in law, as distinguished from fraud in fact. What was formerly considered as. fraud in law, or conclusive evidence of fraud, and to be so pronounced by the court, is now but prima facie evidence, to be…
2Cases cited1 opinion
- Jackson ex dem. Peek v. PeekNew York Supreme Court · 1830
3Cited by14 opinions
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