Legal Opinion

Collins v. McWalters

New York Supreme Court

Decided August 15, 1901PublishedCited by 5 opinions

Motion to set aside an order in supplementary proceedings, on the ground of a discharge in bankruptcy.

1Opinion of the CourtGildersleeve, J.

In December, 1893, the defendants, James McWalters and Mary McWalters, his wife, sold two lots of land in the city of New York to the plaintiff, Julia Collins, and received therefor the sum of $900. At the time, as alleged in the moving papers, said James McWalters assured plaintiff that it was not necessary to record the deed. Subsequently, but at what exact date the papers before me fail to show, the defendants again sold those lots to one Hamilton, notwithstanding the previous sale to plaintiff. Thereafter, and previous to November, 1899, but at what precise time it does not appear, the…

2Cases cited1 opinion

  1. Burnham v. PidcockAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by5 opinions

  1. Helms v. HolmesCourt of Appeals for the Fourth Circuit · 1942
  2. Winter v. HindinSuperior Court of Delaware · 1926
  3. Santa Rosa Bank v. WhiteCalifornia Supreme Court · 1903
  4. Tubbs v. McCabeSuperior Court of Delaware · 1933
  5. Helms v. HolmesCourt of Appeals for the Fourth Circuit · 1942

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