Kielb v. Johnson

The opinion of the court was delivered by

Oliphant, J.

This is' an appeal by Franklin W. Kielb, trustee in bankruptcy, from a refusal by the Chancery Division to set aside a transfer' of real property from the bankrupt, Frank J. McCloskey, to the defendant, J. Clifford Johnson, as in fraud of creditors. Since the dispute resolves itself into a challenge of the trial judge’s findings of fact, an investigation of the record and a summary account of the evidence presented are necessary.

McCloskey purchased the real estate in question in 1948 for $27,500. A frame building was on the property which…