Carroll v. McKaharay
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Daniel J. Carroll, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 6th day of December, 1898, relieving William J. Browne from his purchase at the sale had under the judgment of foreclosure entered in the action. Upon the 12th of March, 1891, Edward McKaharay conveyed the property in question to Alice, liis wife.
Read the full summary
Appeal by the plaintiff, Daniel J. Carroll, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 6th day of December, 1898, relieving William J. Browne from his purchase at the sale had under the judgment of foreclosure entered in the action. Upon the 12th of March, 1891, Edward McKaharay conveyed the property in question to Alice, liis wife. The deed recites the consideration of one dollar and other good and valuable consideration. Upon the 15th of Rovember,-1897, Alice executed the mortgage which was…
1Opinion of the Court
Barrett, J.:
The judgments docketed against Edward McKaharay, after he conveyed the property in question to his wife, Alice, were not liens of record upon the land. The conveyance was good inter partes, and the fee consequently vested in Alice. If, however, the conveyance from Edward to Alice was made with intent to hinder, delay or defraud the plaintiffs in these judgments, the latter, at their option, could claim a lien in avoidance of the record title. As to them the deed was voidable. The question is: Should the plaintiff (Alice’s mortgagee), in foreclosing his mortgage, have made these…
2Cases cited3 opinions
- Smith v. . ReidNew York Court of Appeals · 1892
- McPherson v. . SchadeNew York Court of Appeals · 1896
- Cambrelleng v. . PurtonNew York Court of Appeals · 1891
3Cited by3 opinions
- Hagan v. DruckerAppellate Division of the Supreme Court of the State of New York · 1904
- Garibaldi v. City of YonkersNew York Supreme Court · 1949
- Pell v. PellAppellate Division of the Supreme Court of the State of New York · 1901