Brooks v. . Wilson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 29, 1889, which affirmed a judgment in favor of defendants entered upon a decision of the court on tria.1 at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 29, 1889, which affirmed a judgment in favor of defendants entered upon a decision of the court on tria.1 at Special Term. The controversy in this case was as to the right to surplus moneys derived under a foreclosure of certain first mortgages on lands in the city of Brooklyn, which on and prior to February 13, 1878, were owned by the defendant Michael K. Wilson, and whose title was subject to such mortgages. The surplus moneys were deposited with the treasurer of…
1Opinion of the CourtAndrews, J.
Upon the facts it is very difficult to resist the conclusion that the mortgage to Mrs. Clay was a part of the scheme of fraud originated by Michael K. Wilson for the purpose of putting his property beyond the reach of his creditors. It has been adjudged that the conveyances from Michael to his brothei1, and from the latter to Eliza A. Wilson, the wife of Michael, were made to defraud the creditors of Michael. The suit of Ilaake was then pending, and in October, 1879, a few days before judgment was recovered therein, George, the fraudulent grantee of Michael, at the latter’s request, executed…
2Cases cited5 opinions
- Humes v. ScruggsSupreme Court of the United States · 1877
- Candee v. . LordNew York Court of Appeals · 1849
- Alexander v. GouldMassachusetts Supreme Judicial Court · 1804
- Burgess v. . SimonsonNew York Court of Appeals · 1871
- Raymond v. . RichmondNew York Court of Appeals · 1879
3Cited by4 opinions
- Merchants' National Bank v. HagemeyerAppellate Division of the Supreme Court of the State of New York · 1896
- Ledoux v. Bank of AmericaAppellate Division of the Supreme Court of the State of New York · 1897
- Nicholas v. . LordNew York Court of Appeals · 1908
- In re the Accounting of WynneNew York Surrogate's Court · 1952