Wickes v. Clarke
New York Court of Chancery
This case came before the chancellor upon an appeal by the complainants from a decree of the vice chancellor of the first circuit, dismissing their bill as against the defendants Maria Clarke and Robert Bogardus her trustee.
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This case came before the chancellor upon an appeal by the complainants from a decree of the vice chancellor of the first circuit, dismissing their bill as against the defendants Maria Clarke and Robert Bogardus her trustee. The complainants were judgment creditors of the defendant Peter Clarke, for a debt contracted by him in 1803 ; for which debt James B. Clarke, for whose benefit this suit was probably brought, became the surety and joined, with his brother Peter Clarke in the bond. The complainants among other things sought to set aside a deed of settlement of the wife’s property that…
1Opinion of the Court
The following opinion was delivered by the vice chancellor on the hearing of the case before him:
McCoun, V. C.
The complainants are creditors of Peter Clarke, by judgment recovered on the 21st October, 1831, upon a joint and several bond given by him and James B.. Clarke as his surety, on the 1st May, 1803, conditioned for the payment of $4000. Two thousand dollars of'the debt remains due, and after fi. fa. issued and returned unsatisfied, the hill in this cause is filed, principally for the purpose of setting aside a postnuptial settlement made upon the wife of Peter Clarke, by deed executed…
2Cases cited2 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Jackson ex dem. Hudson v. AlexanderNew York Supreme Court · 1808
3Cited by19 opinions
- Shaffer v. FettyWest Virginia Supreme Court · 1887
- Strong v. SkinnerNew York Supreme Court · 1848
- Kuhn v. StansfieldCourt of Appeals of Maryland · 1868
- Filley v. RegisterSupreme Court of Minnesota · 1860
- Van Derveer v. WrightNew York Supreme Court · 1849
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