Sands v. Hildreth
Court for the Trial of Impeachments and Correction of Errors
THIS was an appeal from the court of chancery. The bill - 1 1 _ . _ , _ _ was filed by the respondent against Robert bands, the appelv ° j 1 lant, Comfort Sands. and Anne J. Barbarine, to set aside a conveyance made by Comfort Sands to Robert Sands, of certain lands in Brooklyn, on which a rope-walk is situated, as fraudulent against the plaintiff, who purchased the same at a sheriff’s sale, under an execution against Comfort Sands.
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THIS was an appeal from the court of chancery. The bill - 1 1 _ . _ , _ _ was filed by the respondent against Robert bands, the appelv ° j 1 lant, Comfort Sands. and Anne J. Barbarine, to set aside a conveyance made by Comfort Sands to Robert Sands, of certain lands in Brooklyn, on which a rope-walk is situated, as fraudulent against the plaintiff, who purchased the same at a sheriff’s sale, under an execution against Comfort Sands. Anne J. Barbarine, the other defendant, was a tenant in possession, The bill was taken pro confesso,t against Comfort Sands, for want of an answer. Robert Sands…
1Opinion of the CourtSpencer, J.
Several questions have been discussed on the bearing, which 1 shall merely glance at. It has been contended that the respondent is not invested with the rights of Whitney; Codwise, and others, under whose judgments he became a purchaser, at a public sale, made by the sheriff of King^s county,. under executions, issued on those judgments. The statute, it is urged, protects creditors only from fraudulent deeds, and not a person standing in the situation of the respondent.
*502This proposition is, in my judgment, without any foundation. All the respondent’s right to the land in controversy is derived…
2Cited by18 opinions
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- Stock-Growers' Bank v. NewtonSupreme Court of Colorado · 1889
- Miller v. FinnNebraska Supreme Court · 1871
- Gere v. MurraySupreme Court of Minnesota · 1861
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