Wadsworth v. Havens
New York Supreme Court
This was an action of replevin, tried at the Madison circuit in April, 1828, before the Hon. Nathan Williams, one of the . ., . -i circuit judges. The plaintiff proved that on the 16th May, 1827, he purchased of one Jeremiah Tifft a yoke of oxen, for which he paid $60, which were driven away on the 11th June, 1827, by the defendant.
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This was an action of replevin, tried at the Madison circuit in April, 1828, before the Hon. Nathan Williams, one of the . ., . -i circuit judges. The plaintiff proved that on the 16th May, 1827, he purchased of one Jeremiah Tifft a yoke of oxen, for which he paid $60, which were driven away on the 11th June, 1827, by the defendant. The defendant proved a judgment in his favor against Jeremiah Tifft, entered on a bond and warrant of the date of the 26th May. 1827, an execution issued thereon on the 29th May, and a sale by virtue of the execution on the 11th June, when he became the purchaser…
1Opinion of the Court
By the Court,
Savage, Ch. J.
In the case of Reade v. Livingston, (3 Johns. C. R. 481,) the late Chancellor Kent held that a voluntary settlement was void as to antecedent creditors, (being constructively fraudulent as to them,) but as to subsequent creditors, such settlement could be avoided only by shewing actual fraud; and for this he relied on a decision of Lord Hardwicke, in Taylor v. Jones, (2 Atk. 600.)
The defendant here was not only a subsequent creditor, but a purchaser for valuable consideration; and therefore, according to the third resolution in Twyne’s case, (3 Co. 83,) had a right…
2Cited by13 opinions
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- Mead v. GreggNew York Supreme Court · 1852
- Damon v. BryantMassachusetts Supreme Judicial Court · 1824
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