Buswell v. Lincks
New York Court of Common Pleas
Appeal by the defendants, Louis Lincks and John Lincks, from a judgment of this court entered on a decision at special term. The action ivas brought to set aside two conveyances made to the defendants, Louis Lincks and John Lincks, by their father and co-defendant Jacob Lincks, on the ground that they were fraudulent as against the plaintiff, who was a judgment creditor of Jacob Lincks, and whose execution had been returned unsatisfied.
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Appeal by the defendants, Louis Lincks and John Lincks, from a judgment of this court entered on a decision at special term. The action ivas brought to set aside two conveyances made to the defendants, Louis Lincks and John Lincks, by their father and co-defendant Jacob Lincks, on the ground that they were fraudulent as against the plaintiff, who was a judgment creditor of Jacob Lincks, and whose execution had been returned unsatisfied. The two convejumces sought to be set aside were, 1. An assignment of a lease of certain premises in the city of New York for two years and six months,…
1Opinion of the CourtJoseph F. Daly, J.
The judgment creditor, after the return of execution unsatisfied, might maintain an action to set aside fraudulent conveyance of, or incumbrances upon, the real estate or chattels real of the debtor, because the lien necessary to support such action is effected by the docketing of the judgment (2 R. S. 359, § 3 ; Code, § 1251) ; and it is not necessary that his execution should be outstanding to create or preserve a specific lien on the real property which is the subject of the creditor’s action. (Brinkerhoff v. Brown, 4 Johns. Ch. 671-7 ; Forbes v. Logan, 4 Bosw. 86 per Bosworth, J.;…
2Cases cited7 opinions
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
- Fox v. . MoyerNew York Court of Appeals · 1873
- Cuyler v. MorelandNew York Court of Chancery · 1837
- Crippen v. . HudsonNew York Court of Appeals · 1855
- Quincey v. . WhiteNew York Court of Appeals · 1875
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3Cited by3 opinions
- Del Valle v. HylandNew York Supreme Court · 1891
- McKenna v. CrowleySupreme Court of Rhode Island · 1888
- Royer Wheel Co. v. FieldingNew York Supreme Court · 1883