Livingston v. Hubbs
New York Court of Chancery
THE bill charged, that Daniel Baldwin, in his lifetime, procured a deed from the plaintiff, of a house and lot, in Brooklyn, by fraudulent representations and practices; and that the defendant Hubbs was concerned with Baldwin in the fraud; and that, immediately after the deed was so procured, Baldwin confessed a judgment to Hubbs for 839 dollars, which Hubbs, shortly thereafter, assigned to the defendant Bobbins, and, as the bill charged, with knowledge of the fraud.
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THE bill charged, that Daniel Baldwin, in his lifetime, procured a deed from the plaintiff, of a house and lot, in Brooklyn, by fraudulent representations and practices; and that the defendant Hubbs was concerned with Baldwin in the fraud; and that, immediately after the deed was so procured, Baldwin confessed a judgment to Hubbs for 839 dollars, which Hubbs, shortly thereafter, assigned to the defendant Bobbins, and, as the bill charged, with knowledge of the fraud. After the answers of the defendants, the cause was put at issue, and proof taken, and the cause set down for hearing.
1Opinion of the Court
The Chancellor.
*512[ * 513 ]
*511The allegation of fraud is abundantly established; and the only point admitting of any real discussion is, how far Bobbins, who appeared to be a purchaser of the judgment for a valuable consideration, and to whom no charge of fraud could be imputed, was to be protected in his lien on the land. Bobbins purchased the judgment subject *512to all the equity of the plaintiff against it, while it existed in the hands of Hubbs; and as the title of Baldwin was infected with gross fraud, it was *null from the beginning. The fraudulent judgment, therefore, created no valid…
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