Breneman v. Herdman
District of Columbia Court of Appeals
Hearing on an appeal by the defendants from a decree of the Supreme Court of the District of Columbia granting the relief sought in a suit by a judgment creditor to vacate as fraudulent a transfer of an interest -in land by the judgment debtor.
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Hearing on an appeal by the defendants from a decree of the Supreme Court of the District of Columbia granting the relief sought in a suit by a judgment creditor to vacate as fraudulent a transfer of an interest -in land by the judgment debtor. The Court in the opinion stated the facts as follows:, This is an appeal from a decree of the supreme court of the District of Columbia, declaring null and void, as against appellee, Lyman Herdman, complainant below, three deeds conveying the interest of William W. Breneman, one of the appellants, in certain real estate constituting his only property,…
1Opinion of the CourtJustice Robb
In the first assignment of error it is contended that the evidence did not warrant the finding “that the appellee was an *33existing creditor of William W. Breneman when the alleged fraudulent conveyance of September 28th, 1895, was made.”
As to the extent of Breneman’s indebtedness to complainant, the judgment is, of course, conclusive. The only question, therefore, under this assignment of error, is as to when that indebtedness was incurred. The complainant testified to the effect that the last loan made to Breneman was the result of repeated requests, and that it was finally made because of…
2Cases cited1 opinion
- Hamilton National Bank v. HalstedNew York Court of Appeals · 1892
3Cited by2 opinions
- Brady v. GamesCourt of Appeals for the D.C. Circuit · 1942
- District of Columbia v. ClarkCourt of Appeals for the D.C. Circuit · 1948