Mead v. Gregg
New York Supreme Court
This action was brought by the plaintiff, a judgment creditor of Richard Gregg, having an execution returned unsatisfied, to reach and subject to his judgment, a certain lot and premises claimed by the wife of Gregg ; the plaintiff alledging the conveyance to the wife to be fraudulent and void as against the creditors of the husband.
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This action was brought by the plaintiff, a judgment creditor of Richard Gregg, having an execution returned unsatisfied, to reach and subject to his judgment, a certain lot and premises claimed by the wife of Gregg ; the plaintiff alledging the conveyance to the wife to be fraudulent and void as against the creditors of the husband. In 1843 the husband contracted for the purchase of the premises for $80, and paid the purchase money by installments, making the last payment in October, 1849, and at his request the premises were conveyed to the wife by deed recorded in August, 1850. The husband…
1Opinion of the Court
By the Court,
W. F. Allen, J.
Had the referee heard the proofs of the parties, and reported in favor of the defendants, upon the merits, it is possible that this court would not have reversed his conclusions upon the question of fraud in fact; although upon the whole case, and especially upon the admissions in the pleadings, the referee would have been abundantly sustained in finding the transaction fraudulent as to the creditors of the husband. The referee, however, did not pass upon the ques*655tion of fraud, but decided the action against the plaintiff upon the questions of law which were made…
2Cases cited4 opinions
- Bank of the United States v. HousmanNew York Court of Chancery · 1837
- Guthrie v. GardnerNew York Supreme Court · 1838
- Jackson v. MorseNew York Supreme Court · 1819
- Wadsworth v. HavensNew York Supreme Court · 1829
3Cited by6 opinions
- Dewey v. . MoyerNew York Court of Appeals · 1878
- Banister v. SolomonCourt of Appeals for the Second Circuit · 1942
- Walsh v. ByrnesSupreme Court of Minnesota · 1888
- Platt v. MeadDistrict Court, S.D. New York · 1881
- Talcott v. LevyThe Superior Court of the City of New York and Buffalo · 1892
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