Seaving v. Brinkerhoff
New York Court of Chancery
THE bill, filed May 22, 1821, stated, that on the 22d day of September, 1820, J. and Z. Taylor executed and delivered to the plaintiffs, a deed which recited that they were indebted to several-persons in a large -sum of money, which they were unable to pay, “ by reason of the unsaleableness of their real estate, at present, without a very great sacrifice,” and that they were willing to do equal justice to all their creditors, as far as might be in their power ; they,…
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THE bill, filed May 22, 1821, stated, that on the 22d day of September, 1820, J. and Z. Taylor executed and delivered to the plaintiffs, a deed which recited that they were indebted to several-persons in a large -sum of money, which they were unable to pay, “ by reason of the unsaleableness of their real estate, at present, without a very great sacrifice,” and that they were willing to do equal justice to all their creditors, as far as might be in their power ; they, therefore, in consideration of one dollar, granted to the plaintiffs, their real estate therein described, in fee, in trust, to…
1Opinion of the Court
The Chancellor.
The judgment without a specification was good, as against the debtor, and a lien upon his lands. When the statute (21st of April, 1818, ch. ,259. sec. 8.) says, “ such judgment shall be deemed fraudulent as respects any other bona fide judgment creditors, and every bona fide purchaser for a valuable consideration,” it * J r % refers, as I apprehend, to purchasers taking beneficially, and for a valuable consideration, on their own account. It : • did not mean that the debtor might make, in despite of the judgment, voluntary assignments for his own benefit, or ,to prevent his…
2Cited by21 opinions
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Austin v. BellNew York Supreme Court · 1823
- Donoho v. Fish Bros. & Co.Texas Supreme Court · 1882
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- Skipwith's ex'or v. CunninghamSupreme Court of Virginia · 1837
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