Young v. . Heermans
New York Court of Appeals
Appeal from judgment of the Genera,! Term of the Supreme Court in the fourth judicial1 department, modifying- a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, as judgment creditor, to vacate and set aside certain conveyances1 or deeds in trust, made by John Fellows to, defendant John Heermans, as fraudulent and void against creditors.
Read the full summary
Appeal from judgment of the Genera,! Term of the Supreme Court in the fourth judicial1 department, modifying- a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, as judgment creditor, to vacate and set aside certain conveyances1 or deeds in trust, made by John Fellows to, defendant John Heermans, as fraudulent and void against creditors. Fellows, who was one of the original parties defendant, died after the commencement of the action and- his. personal representatives were substituted in his stead. The facts as…
1Opinion of the CourtAllen, J.
Aside from- the- question of fraud, which is directly presented upon this appeal and which was the principal question discussed by counsel, another serious and important question, affecting directly the interests of individuals who are not parties to the action, and who will not therefore be concluded by any judgment that may be given, is directly involved. That, is as to; the effect of the several deeds from Fellows to. Heermans, and whether any estate vested in Heermans, the grantee,1 either during the life of Fellows, the grantor, or- at his death, and whether the real property mentioned…
2Cases cited7 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Sexton v. WheatonSupreme Court of the United States · 1823
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Dygert v. RemerschniderNew York Court of Appeals · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Julien J. Studley, Inc. v. LefrakAppellate Division of the Supreme Court of the State of New York · 1979
- Sallaske v. FletcherWashington Supreme Court · 1913
- Merchants' National Bank v. HagemeyerAppellate Division of the Supreme Court of the State of New York · 1896
- Hickok v. CowperthwaitAppellate Division of the Supreme Court of the State of New York · 1909
- Altman v. FinkelAppellate Division of the Supreme Court of the State of New York · 1945
34 more not listed; retrieve them via the Exa API.