Youmans v. Boomhower
New York Supreme Court
Appeal by the plaintiff from judgment of nonsuit at the Delaware special term. Also, appeal from an order denying a motion for a new trial on the ground of newly-discovered evidence. The action is, in form and substance, a creditor’s bill.
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Appeal by the plaintiff from judgment of nonsuit at the Delaware special term. Also, appeal from an order denying a motion for a new trial on the ground of newly-discovered evidence. The action is, in form and substance, a creditor’s bill. The plaintiff, William Toumans, Jr., a judgment creditor of the defendant Isaac Ryan,'with execution returned unsatisfied, seeks to charge the debt upon lands held by the defendant Abijah J. Boomhower, conveyed to him by Isaac Ryan and his wife, the defendant Mary Ryan, shortly prior to the recovery of plaintiff’s judgments. These judgments were recovered,…
1Opinion of the CourtBockes, J.
That Ryan received his bounty, passed it over to his wife, and that she invested it, to the extent of $600, in the premises here sought to be charged with his debts, taking the conveyance to herself, there is no question. The plaintiff insisted that the transaction was but a gift to the wife—hence that the land so held by her was chargeable in equity with the husband’s debts. To this position it was answered that notwithstanding it was a gift, still the subject of the gift," the bounty, was exempt by law from all claim on the part of Ryan’s creditors, and, therefore, the rule in equity above…
2Cases cited7 opinions
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Borst v. . SpelmanNew York Court of Appeals · 1850
- Cramer v. . BloodNew York Court of Appeals · 1872
- Swinburne v. . SwinburneNew York Court of Appeals · 1863
- Wygant v. SmithNew York Supreme Court · 1869
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