Barton v. Hosner
New York Supreme Court
Appeal by tbe plaintiffs from a judgment, entered upon a decision made at the Jefferson Special Term, dismissing the plaintiffs’ complaint, with costs.
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Appeal by tbe plaintiffs from a judgment, entered upon a decision made at the Jefferson Special Term, dismissing the plaintiffs’ complaint, with costs. The intestate died February 15, 1879. In January, 1879, he was seized and possessed of two several parcels of land, and was the owner and in possession of a written contract whereby he had become the purchaser of a parcel of land of about five acres, which he had paid for prior to January 24, 1879. On that day he conveyed to Charles Hosner, the defendant, the said lands “ in trust, as guardian of Fanny Hosner, a daughter, to be used or…
1Opinion of the Court
Hardin, J.:
Can an administrator maintain an action to set aside a fraudulent conveyance made by the intestate, when it appears there are creditors and no personal estate wherewith to satisfy them, the debts represented by the administrators, and held by the creditors, having been in existence at the time of the fraudulent conveyance, is the question involved here and presented by this appeal. The question seems to have been considered in Livingston v. Livingston (3 Johns. Chy, 148) and resolved adverse to the administrator; also Loomis v. Tifft (16 Barb., 541). Judge AlleN, in that case, said…
2Cases cited7 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Estes v. . WilcoxNew York Court of Appeals · 1876
- Sharpe v. . FreemanNew York Court of Appeals · 1871
- Loomis v. TifftNew York Supreme Court · 1853
- Osgood v. LaytinNew York Supreme Court · 1867
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