Legal Opinion

Shand v. . Hanley

New York Court of Appeals

Decided November 27, 1877PublishedCited by 21 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought originally by Robert II.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought originally by Robert II. Hume, plaintiff's testator, as a judgment-creditor of defendant, William Hanley, and on behalf of all other judgment-creditors, to set aside a conveyance by said defendant to defendant Francis Hanley; and also a conveyance by said grantee to defendant Catharine Hanley, wife of William, upon the ground that the conveyances were made by the parties with intent to defraud the plaintiff…

1Opinion of the CourtFolger, J.

The plaintiff is a judgment-creditor of the defendant, William Hanley. This suit is brought by the plaintiff as such creditor, to set aside a deed of real estate made by that defendant to the defendant, Francis Hanley, and a deed of the same premises made by Francis to the defendant, Catharine Hanley. The ground of the suit is, that those deeds were made by the parties to them, with the intent to defraud the plaintiff of the debt to him for which his judgment was recovered. The Special Term found the fact so to lie. It is true, that the debt was created after the execution of the deed to…

2Cases cited3 opinions

  1. Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
  2. Savage v. . MurphyNew York Court of Appeals · 1866
  3. Case v. . PhelpsNew York Court of Appeals · 1868

3Cited by21 opinions

  1. Julien J. Studley, Inc. v. LefrakAppellate Division of the Supreme Court of the State of New York · 1979
  2. Driggs & Co.'s Bank v. NorwoodSupreme Court of Arkansas · 1887
  3. Carr v. . BreeseNew York Court of Appeals · 1880
  4. Jackson v. HolbrookSupreme Court of Minnesota · 1887
  5. Abegg v. SchwabNew York Supreme Court · 1890

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