Van Duzer v. Van Duzer
New York Court of Chancery
This was an application to dissolve an injunction upon bill and answer. The bill was filed against the husband of the complainant and two of his judgment creditors, to restrain the latter from selling the husband’s interest, as tenant by the curtesy initiate, in the real estate of the wife which belonged to her before her marriage; the husband being insolvent and worthless, and neglecting to provide for her and her children.
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This was an application to dissolve an injunction upon bill and answer. The bill was filed against the husband of the complainant and two of his judgment creditors, to restrain the latter from selling the husband’s interest, as tenant by the curtesy initiate, in the real estate of the wife which belonged to her before her marriage; the husband being insolvent and worthless, and neglecting to provide for her and her children. Several other matters were embraced in the bill which were not material to the decision of the question as to the right of the judgment creditors to a dissolution of the…
1Opinion of the Court
The Chancellor.
The answer fully denies all the allegations in the bill impeaching the consideration of the judgment. Although the judgment creditors admit they had occasionally gambled with the husband of the complainant, and that it is impossible for them to say whether they have won more money from him than he has from them, yet they both explicitly swear, in their answer, that not one cent of the monies for which the judgment was obtained was won at gaming, or grew out of any gaming transactions. Neither do I think it competent for the wife, in such a case as this, to impeach the…
2Cited by21 opinions
- Yedinak v. YedinakMichigan Supreme Court · 1970
- Damon v. DamonWisconsin Supreme Court · 1871
- Tong v. MarvinMichigan Supreme Court · 1866
- Lyon v. LyonSupreme Court of Georgia · 1897
- Delafield v. . BradyNew York Court of Appeals · 1888
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