King v. West
New York Supreme Court
This was a reference to ascertain the liens and their priorities upon the surplus moneys arising in a foreclosure case. Abner L. Ely, the petitioner, claimed the surplus moneys as as owner in fee of the property, he having bought it pending the foreclosure; and having bid it in at the sale under the foreclosure.
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This was a reference to ascertain the liens and their priorities upon the surplus moneys arising in a foreclosure case. Abner L. Ely, the petitioner, claimed the surplus moneys as as owner in fee of the property, he having bought it pending the foreclosure; and having bid it in at the sale under the foreclosure. He produced a deed from James Selby West, and Elizabeth his wife, two of the defendants, to him, bearing date Dec. 17, 1853, pending the foreclosure; also a deed under which Mrs. West took the title of the premises to herself, from Edward J. King and wife to Elizabeth West, dated Dec.…
1Opinion of the Court
Clerke, Justice.
The creditors of West have, undoubtedly, a right to investigate the good faith of the purchase of the property in question, made in the name of his wife; and it matters not whether they are antecedent or subsequent creditors. (Mead agt. Gregg, 12 Bar. S. C. R. 653.) Nor do the sections of the statute relating to trusts limit or restrict their right in this respect. By recollecting the evils which this statute was designed to remedy, it will be readily seen that those sections are intended to prevent secret resulting trusts; giving to those who were at the time creditors of the…
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