Kamp v. Kamp
New York Supreme Court
The action was upheld on the ground that the plaintiff had no other available remedy. The debtor who made the fraudulent conveyance had died before the debt became due; his heirs could have no standing to attack the validity of the deed; the administrator could take no proceedings before the surrogate to sell the land, as the intestate did not own it; and an action against the administrator would be a vain thing, to which the creditors ought not, under the circumstances, to…
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The action was upheld on the ground that the plaintiff had no other available remedy. The debtor who made the fraudulent conveyance had died before the debt became due; his heirs could have no standing to attack the validity of the deed; the administrator could take no proceedings before the surrogate to sell the land, as the intestate did not own it; and an action against the administrator would be a vain thing, to which the creditors ought not, under the circumstances, to be required to resort (Story's Eq. Jur., §§ 353, 369, 395). If Burgraff paid anything for the premises, it was paid at…
1Opinion of the Court
November, 1873.
The superior court of the city of New York has jurisdiction to grant a divorce and allow alimony where the parties are properly before the court.
If, after a judgment of divorce has been rendered by that court without making any provision as to alimony, and subsequently an order of that court, is made on the foot of the judgment or decree, allowing alimony and making particular provisions for its security and payment out of certain real estate of the defendant, this order cannot be attacked collaterally and want of jurisdiction of that court interposed as a defense in an…
2Cases cited9 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- The People v. . SturtevantNew York Court of Appeals · 1853
- Fisher v. . HepburnNew York Court of Appeals · 1871
- Seymour v. DelancyNew York Supreme Court · 1824
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hanscom v. HanscomColorado Court of Appeals · 1895
- Chapman v. ChapmanSupreme Court of Missouri · 1917
- Twell v. TwellMontana Supreme Court · 1886
- Hanscom v. HanscomColorado Court of Appeals · 1895