Legal Opinion

Frazer v. Western

New York Court of Chancery

Decided November 18, 1845PublishedCited by 14 opinions

This was an. appeal by the defendant, H. M. Western, from a decree of the late assistant vice chancellor of the first circuit, setting aside a conveyance from I. G. Collins, deceased, to E. Iv. Collins, in trust, for Mary Collins, of certain lands upon Staten Island, which were subsequently sold and conveyed by her to the defendant Western.

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This was an. appeal by the defendant, H. M. Western, from a decree of the late assistant vice chancellor of the first circuit, setting aside a conveyance from I. G. Collins, deceased, to E. Iv. Collins, in trust, for Mary Collins, of certain lands upon Staten Island, which were subsequently sold and conveyed by her to the defendant Western. The ground upon which the complainants sought to set aside the trust deed was, that it was fraudulent and void as against them, as creditors of I. G. Collins. The following opinion was delivered by the assistant vice chancellor:

1Opinion of the Court

The Chancellor.

Several questions were raised and disposed of by the assistant vice chancellor, which it is not neces*236sary now to consider, in consequence of the "conclusion at which I.have arrived, that the defendant Western,is entitled to protection as a bona fide purchaser without notice of the fraud, if any there was, in the conveyance Of August, 1828, to E. K-. Collins in trust. Nor is it now necessary .to consider the question, whether the assistant vice chancellor was authorized, at the hearing of the cause, to allow the complainants to amend their bill, in a part which he deemed…

2Cases cited1 opinion

  1. Anderson v. RobertsNew York Supreme Court · 1820

3Cited by14 opinions

  1. Baker v. . BlissNew York Court of Appeals · 1868
  2. Bowen v. ChaseSupreme Court of the United States · 1877
  3. Ullman v. . CameronNew York Court of Appeals · 1906
  4. McKee v. WestSupreme Court of Alabama · 1904
  5. Elvins v. SeestedtSupreme Court of Florida · 1940

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