Dawley v. Brown
New York Supreme Court
IN March, 1857, the plaintiff owned the premises which are the subject matter in dispute in this action, and on the 15th of that month, he and his wife conveyed them to Loren Culver.
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IN March, 1857, the plaintiff owned the premises which are the subject matter in dispute in this action, and on the 15th of that month, he and his wife conveyed them to Loren Culver. At the same time the plaintiff was indebted to Hiram Johnson, and on which indebtedness Johnson subsequently obtained judgment against the plaintiff and one Willett, and in December, 1858, after the recovery of said judgment, he commenced an action in this court to set aside the deed to Culver as fraudulent as against the plaintiff creditor. That deed was declared fraudulent and void, and a referee was appointed,…
1Opinion of the Court
By the Court, Mtjllin, P. J.
The court of chancery in England has, by decree, directed the sale of land by its masters, and vested title in the purchaser by the master’s deed. (See cases cited by Mr. Noyes in the case of The Chautauqua Co. Bank v. White, 2 Seld. 236; Edmeston v. Lyde, 1 Paige, 637; The Bank of U. S. v. Hauseman, 6 Peters, 536.) These were actions by creditors, to set aside fraudulent conveyances by them debtors, and for a sale of the land fraudulently conveyed ; and the court held the conveyances fraudulent, and directed sales and conveyances by the master. It does not appear…
2Cases cited8 opinions
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Edmeston v. LydeNew York Court of Chancery · 1829
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- Jackson v. EdwardsNew York Court of Chancery · 1839
- Burton v. SmithSupreme Court of the United States · 1839
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3Cited by5 opinions
- Harrington v. LibbyNew York Court of Common Pleas · 1875
- Dawley v. BrownNew York Supreme Court · 1887
- Dawley v. BrownNew York Supreme Court · 1887
- Federal Reserve Bank v. WeeksNew York Supreme Court · 1939
- Wing v. DisseNew York Supreme Court · 1878