Wood v. Hunt
New York Supreme Court
APPEALS from a judgment entered upon the report of a referee, on the 23d day of January, 1861, and from an order made at a special term, on the 16th of March, 1861, denying a motion to set aside the judgment.
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APPEALS from a judgment entered upon the report of a referee, on the 23d day of January, 1861, and from an order made at a special term, on the 16th of March, 1861, denying a motion to set aside the judgment. The action was brought by the plaintiffs as executrix and executors of Silas Wood, deceased, who was a judgment creditor of Benjamin E. Hunt, senior, to set aside a conveyance of real estate made by said Benjamin F. Hunt,- senior, to the defendant Benjamin F. Hunt, junior, as fraudulent and void as against the creditors of the grantor. The cause was referred to a referee, who found the…
1Opinion of the Court
By the Court, Leonard, J.
The fraudulent character of the conveyance from Hunt, sen., to Hunt, jun., one of the defendants, is fully developed in the evidence and the facts *309found by the learned justice before whom this action was tried.
Where a party receives a conveyance of land or other property from an insolvent, without actually paying, securing or becoming bound to pay any consideration therefor, no further proof of knowledge or notice of the fraudulent intent of the grantor against his creditors, is necessary in order to charge the grantee with complicity in the fraud. The subsequent…
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