Brooks v. Wilson
New York Supreme Court
Appeal from special term, Kings county. Action by Samuel 0. Brooks against Michael K. Wilson and others to set aside conveyances and a mortgage of property as made in fraud of creditors. Defendant Mrs. Munoz was the administratrix of Mrs. Clay, the mortgagee, and had obtained judgment foreclosing the mortgage, which was affirmed both at general term and by the court of appeals.
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Appeal from special term, Kings county. Action by Samuel 0. Brooks against Michael K. Wilson and others to set aside conveyances and a mortgage of property as made in fraud of creditors. Defendant Mrs. Munoz was the administratrix of Mrs. Clay, the mortgagee, and had obtained judgment foreclosing the mortgage, which was affirmed both at general term and by the court of appeals. Munoz v. Wilson, 18 N. E. Rep. 855. Code Civil Proc. 1ST. Y. § 829, referred to in the opinion, prohibits parties in interest from testifying in actions by or against representatives of a decedent concerning personal…
1Opinion of the CourtPratt, J.
We are unable to discover any error in the disposition of this case at special term. The findings of fact are amply sustained by the evidence, irrespective of the judgment record put in evidence by the defendants. It is not disputed that the conveyance from Michael K. Wilson to his nephew, George Wilson, and that from said George to Eliza A., wife of said Michael K., were made with intent to hinder, delay, and defraud the creditors of said Michael K., or that the mortgage held by the respondent Mrs. Munoz was made by said George at the request of said Michael K. for the ostensible purpose of…
2Cases cited21 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- In re HoweNew York Court of Chancery · 1828
- Miller v. SherrySupreme Court of the United States · 1865
- Munoz v. . WilsonNew York Court of Appeals · 1888
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3Cited by5 opinions
- Dunn v. WhalenNew York Supreme Court · 1893
- In re the Accounting of WynneNew York Surrogate's Court · 1952
- McDonald v. McDonaldNew York Supreme Court · 1891
- Muller v. FerryNew York Supreme Court · 1889
- Robertson v. LawtonNew York Supreme Court · 1895