Mowhawk Bank v. R. & P. Atwater
New York Court of Chancery
In May, 1816, Russell Atwater was the owner of the premises in question in this cause, together with a large tract of land in the county of St. Lawrence. By a deed of that date, in consideration of one dollar and the love and good will which he bore to his son Phineas, he conveyed to him the mill lot now in controversy with the buildings thereon.
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In May, 1816, Russell Atwater was the owner of the premises in question in this cause, together with a large tract of land in the county of St. Lawrence. By a deed of that date, in consideration of one dollar and the love and good will which he bore to his son Phineas, he conveyed to him the mill lot now in controversy with the buildings thereon. At the date of this conveyance R. Atwater was extensively indebted to the complainants and others, and as the event proved, was then insolvent, although he had at the time considerable property in his hands. On the 1st of July, 1816, the complainants…
1Opinion of the Court
The Chancellor.
The main question in this cause is • whether the" deed of R, Atwater to his son is to be considered fraudulent1 and void-as against these complainants as judgment creditors. If it was void as against them, they had a right to file their bill to set",'it as.ide as''soon as they obtained a judgment, which wás á lien upon the - property, (Beck v. Burdett, 1 Paige’s R. 308.) The judgment, is still a lien ,up- ... -on the property' ap against'these defendants, although it would not' have beén against -a. bona fide purchaser, after the -expiration of the ten yéars. ," If the property…
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