Jackson ex dem. Wyck v. Seward
New York Supreme Court
Ejectment, commenced in May," 1822, for a farm in Fishkill, Dutchess county, tried before Betts, C. Judge, at the Dutchess circuit, July 7th, 1823. The suit xvas brought against Philander Sexvard and William Sexvard, iointly; the latter of xvhom died in July, 7 J J ' J 1822, and the suit xvas continued against the former, (the present defendant.) On the trial, these facts appeared : On the 16th of April, William Seward, being aged and infirm, was seised hi fee of the…
Read the full summary
Ejectment, commenced in May," 1822, for a farm in Fishkill, Dutchess county, tried before Betts, C. Judge, at the Dutchess circuit, July 7th, 1823. The suit xvas brought against Philander Sexvard and William Sexvard, iointly; the latter of xvhom died in July, 7 J J ' J 1822, and the suit xvas continued against the former, (the present defendant.) On the trial, these facts appeared : On the 16th of April, William Seward, being aged and infirm, was seised hi fee of the premises in question, being a valuable farm of more than 200 acres; and being so seised, by deed of bargain and sale, dated on…
1Opinion of the Court
Curia, per Sutherland, J.
It is admitted that there was no actual fraudulent intent on the part of William Seward, in making conveyance to his son, the defendant, of the 16th of April, 1818. But it is contended that the conveyance was voluntary, and therefore fraudulent, in judgment of law, as against the lessor of the plaintiff, who was a prior creditor.
L Was Van Wyck a creditor within the statute ?
*712. If a creditor, was the conveyance fraudulent as against him ?•
The case of Jackson v. Myers, (18 John. 425,) and the authorities there cited, appear to me to establish the position that Van Wyck…
2Cases cited1 opinion
- Jackson ex dem. Van Buren v. MyersNew York Supreme Court · 1821
3Cited by17 opinions
- Lloyd v. FultonSupreme Court of the United States · 1876
- Lockhard v. BeckleyWest Virginia Supreme Court · 1877
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Hamilton v. SchriroCourt of Appeals for the Eighth Circuit · 1996
- Thompson v. MerrimanSupreme Court of Alabama · 1849
12 more not listed; retrieve them via the Exa API.