Brookes v. Munoz
New York Court of Appeals
Appeal from, judgment of the supreme court, general term, second department, affirming judgment for defendant The controversy in this case is as to the right to surplus moneys derived under a foreclosure of certain first mortgages on lands in the city of Brooklyn, which on and prior to February 13, 1878, were owned by the defendant Michael K. Wilson, and whose title was subject to such mortgages.
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Appeal from, judgment of the supreme court, general term, second department, affirming judgment for defendant The controversy in this case is as to the right to surplus moneys derived under a foreclosure of certain first mortgages on lands in the city of Brooklyn, which on and prior to February 13, 1878, were owned by the defendant Michael K. Wilson, and whose title was subject to such mortgages. The surplus moneys, the subject of this controversy, were deposited with the treasurer of Kings county to the credit of the foreclosure action, where they still remain. The plaintiff is the assignee…
1Opinion of the CourtAndrews, J.
Upon the facts it is very difficult to resist the conclusion that the mortgage to Mrs. Glay was a part of the scheme of fraud originated by Michael K. Wilson for the purpose of putting his property beyond the reach of his creditors. It ■ has been adjudged that the conveyances of Michael to his brother, and from the latter to Eliza A. Wilson, the wife of Michael, were made to defraud the creditors of Michael. The suit of Haake was then pending, and in October, 1879, a few days before judgment was recovered therein, George, the fraudulent grantee of Michael, at the latter’s request, executed a…
2Cases cited6 opinions
- Humes v. ScruggsSupreme Court of the United States · 1877
- Candee v. . LordNew York Court of Appeals · 1849
- Decker v. . DeckerNew York Court of Appeals · 1888
- Alexander v. GouldMassachusetts Supreme Judicial Court · 1804
- Burgess v. . SimonsonNew York Court of Appeals · 1871
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