Davis v. Graves
New York Supreme Court
IN the year 1849 Jacob Graves made a general assignment of all his property, for the benefit of his creditors. About the same time, with intent to defraud his creditors, he conveyed a large amount of real estate to his brother, Daniel Graves. In 1851 he caused Mark H. Sibley to convey a valuable piece of real estate to Daniel Graves, the consideration for which was paid by Jacob. No trust was declared in writing.
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IN the year 1849 Jacob Graves made a general assignment of all his property, for the benefit of his creditors. About the same time, with intent to defraud his creditors, he conveyed a large amount of real estate to his brother, Daniel Graves. In 1851 he caused Mark H. Sibley to convey a valuable piece of real estate to Daniel Graves, the consideration for which was paid by Jacob. No trust was declared in writing. But it was alleged by Jacob Graves, in his answer, that Daniel Graves agreed with him by parol, at the time of taking the conveyance, that he would convey the said premises to him,…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The conveyance from Sibley to Daniel Graves vested in him the complete legal title to the premises described in the deed, free from all claim or trust, legal or equitable, enforceable at law in behalf of Jacob Graves. (1 R. S. 728, § 51.) By force of section 52 of the statute, (Id. 728,) the conveyance was fraudulent as against the creditors at that time of Jacob Graves, and a trust resulted in favor of such creditors to the extent that might have been necessary to satisfy their just demands. Eo such creditors have sought to reach the property in the hands of…
2Cited by18 opinions
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- Lockren v. RustanNorth Dakota Supreme Court · 1899
- Powell v. . IveySupreme Court of North Carolina · 1883
- Buttlar v. ButtlarNew Jersey Court of Chancery · 1904
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