Legal Opinion

Truesdell v. . Sarles

New York Court of Appeals

Decided January 18, 1887PublishedCited by 21 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 18,1885, which modified, and affirmed as modified a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The conveyance to the defendant’s wife was valid, and will be sustained.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 18,1885, which modified, and affirmed as modified a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The conveyance to the defendant’s wife was valid, and will be sustained. (Carr v. Brees, 81 N. Y. 584; Phœnix Bk. v. Stafford, 89 id. 405; Dunlap v. Hawkins, 59 id. 342; Jenks v. Alexander, 11 Paige, 623; Jackson v. Post, 15 Wend. 588; Phillips…

1Opinion of the CourtDanforth, J.

This is a contest between the plaintiff as executor of one Darius Truesdell, a judgment creditor of Henry J. Sarles, with execution issued and returned unsatis fled, on one side, and the debtor and his wife Adaline on the other, concerning the title to certain real estate' conveyed to her through one Gidney as an intermediary. The complaint alleges that the judgment was recovered October 19, 1881, in an action commenced August 17, 1881, upon an account for goods, that Henry J. Sarles acquired title to the premises in question in 1871, and his deed to Gidney and that from Gidney to Adaline…

2Cases cited4 opinions

  1. Wright v. . DelafieldNew York Court of Appeals · 1862
  2. Carpenter v. . RoeNew York Court of Appeals · 1851
  3. Carr v. . BreeseNew York Court of Appeals · 1880
  4. Rome Bank v. EamesNew York Court of Appeals · 1864

3Cited by21 opinions

  1. Bradt v. . KrankNew York Court of Appeals · 1900
  2. McNeil v. CobbAppellate Division of the Supreme Court of the State of New York · 1919
  3. Woolsey v. Trustees of the Village of EllenvilleNew York Supreme Court · 1893
  4. Kruschke v. StefanWisconsin Supreme Court · 1892
  5. State ex rel. Emerson v. DickinsonNebraska Supreme Court · 1900

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