McKnight v. Morgan
New York Supreme Court
This was an action of replevin in the cepií, fot* certain goods alleged to have been taken by the defendant in the lifetime of Tilt. The cause was tried before Parker, Cir.
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This was an action of replevin in the cepií, fot* certain goods alleged to have been taken by the defendant in the lifetime of Tilt. The cause was tried before Parker, Cir. Jv, at the Albany circuit, in April, 1845. The plaintiff’s counsel, in opening his cause to the juiy, stated that he would prove that Tilt, shortly before his death-, had executed to the defendant a bill of sale of the property for which the suit was brought, without consideration, and with a view to defraud creditors; that there were debts against the estate of Tilt remaining unpaid, and the suit was brought for the…
1Opinion of the CourtHarris, J.
It is to be assumed in this case, that the bill of sale, under which the defendant claims the property in question, was made with the intent to defraud creditors. Such a conveyance is expressly declared by statute to be void, as against the persons so defrauded. This was so at common law, and the person receiving the property under such a fraudulent conveyance might be charged with the amount of the property, after the death of the fraudulent vendor, as executor of his own wrong. Before the revised statutes, this was the only remedy of the creditor, in such a case. The administrator had no…
2Cases cited1 opinion
- Osborne v. MossNew York Supreme Court · 1810
3Cited by3 opinions
- In re the Estate of WeinbergNew York Surrogate's Court · 1937
- Raby v. Sweetzer, Pembroke & Co.Court of Appeals of Texas · 1896
- Whitney v. KenyonNew York Supreme Court · 1853