Patterson v. . Brown
New York Court of Appeals
Appeal from judgment of Supreme Court. Action to exempt improvements from the operation of the lien of a judgment upon lands.
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Appeal from judgment of Supreme Court. Action to exempt improvements from the operation of the lien of a judgment upon lands. The cause, was tried before Mr. Justice Johnson at a Special Term of the Supreme Court, held in the county of Steuben, in July, 1861. The facts as found by the judge, and appear by the pleadings, were substantially these: ' On the 7th December, 1857, one James L. Brown recovered a judgment in the Supreme Court, against Salmon B. Rowley, for the sum of $529.06, which judgment was afterward duly assigned to the defendant, Jonathan Brown. Pursuant to, and in proceedings…
1Opinion of the CourtWright, J.
The plaintiff purchased the premises from Mrs. Lombard, who held the legal title by a fraud, pending an action to enforce the claim of the defendant, Brown, a judgment creditor of Bowley, the equitable owner thereof. Bowley was in possession under a contract to purchase, and had paid all the purchase-money but $200, when- in June, 1858, with intent to defraud his creditors, and prevent the collection of the Brown judgment, he procured the legal title to be placed in Mrs. Lombard’s hands. The consideration for the transfer to the plaintiff, on the 11th April, 1859, and some seven months after…
2Cited by8 opinions
- Da Silva v. MussoNew York Court of Appeals · 1990
- Buckhorn Plaster Co. v. Consolidated Plaster Co.Supreme Court of Colorado · 1910
- McCredie v. BuxtonMichigan Supreme Court · 1875
- Chilton's, Inc. v. Wilmington Apartment Co.Michigan Supreme Court · 1961
- Da Silva v. MussoAppellate Division of the Supreme Court of the State of New York · 1989
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