Phelps v. Platt
New York Supreme Court
DEMURRER to the complaint in an action brought by a creditor of the grantor, against the grantee, in a deed of real estate, to set the same aside as fraudulent. '
1Opinion of the CourtClerks, J.
1. Undoubtedly it is now well established that, ordinarily, a creditor of the estate of a deceased person cannot maintain an action against a fraudulent vendee of the latter to impeach the sale of personal property, unless the executor and administrator should collude with the fraudulent vendee, or, after reasonable request, refuse to take proceedings to impeach the title and reach the property in his hands. (Bate v. Graham, 1 Kern. 237.) But this ordinarily applies *431only to personal property, over which the executor or administrator has exclusive control. “ The executor or administrator,” as…
2Cases cited1 opinion
- Cheney v. FiskNew York Supreme Court · 1860
3Cited by8 opinions
- Haston v. CastnerSupreme Court of New Jersey · 1879
- Feldenheimer v. TresselSupreme Court Of The Territory Of Dakota · 1889
- Barker v. BatteySupreme Court of Kansas · 1901
- Ryan v. MaxeyMontana Supreme Court · 1894
- Chillingworth v. FreemanNew York Supreme Court · 1872
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