Anderson v. . Blood
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first judicial department, entered April 20,1895, which reversed, upon questions of law and fact, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. This action was brought to set aside certain conveyances of the property known as No. 11 East 29tli street, in the city of New York, as having been fraudulently made.
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Appeal from an order of the General Term of the Supreme Court in the first judicial department, entered April 20,1895, which reversed, upon questions of law and fact, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. This action was brought to set aside certain conveyances of the property known as No. 11 East 29tli street, in the city of New York, as having been fraudulently made. The defendant, John R. ÜM. Hernz, as executor and trustee under the will of one Hernandez, on the 29tli day of November, 1887, exposed the…
1Opinion of the CourtGray, J.
The position taken by the appellant is, first, that the transactions between Iiernz, Melliado and Waddell, and the consequent conveyance from Iiernz, as executor and trustee, to Melhado, constituted a fraud upon the estate in Hernz’s hands; and, second, that Mrs. Blood was not a bona fide pur chaser, without notice of the fraud. I think it would be difficult to deny some degree of justification to the conclusion reached by the trial judge, that the transaction as conducted between Ilernz, Waddell and Melhado, whereby the real estate in question was acquired and reconveyed at a profit to the…
2Cases cited5 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Parker v. . ConnerNew York Court of Appeals · 1883
- Stearns v. . GageNew York Court of Appeals · 1879
- Bush v. . RobertsNew York Court of Appeals · 1888
- Jacobs v. . MorrisonNew York Court of Appeals · 1892
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- Wilson v. . FordNew York Court of Appeals · 1913
- Perkins v. LangdonSupreme Court of North Carolina · 1953
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