Spicer v. Hunter
New York Supreme Court
Demurrer to the complaint by the defendant, Jacob Hunter. The complaint alleged, that December 4,1843, the plaintiff recovered a judgment in the Supreme Court against John Sniffen, deceased, for $7,301.25; upon which, there was owing to' plaintiff $1,017.27, with interest; and that he filed a transcript thereof in Kings county.
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Demurrer to the complaint by the defendant, Jacob Hunter. The complaint alleged, that December 4,1843, the plaintiff recovered a judgment in the Supreme Court against John Sniffen, deceased, for $7,301.25; upon which, there was owing to' plaintiff $1,017.27, with interest; and that he filed a transcript thereof in Kings county. That August 20, 1845, execution was issued thereon to the sheriff of the city and county of New York and returned unsatisfied, except as to $148.67, which sum was collected. That John Sniffen died January 13,1853, and letters of administration were granted to his widow…
1Opinion of the CourtBbowtt, J.
transaction between John Sniffen, deceased, *11the judgment-debtor of the plaintiff, and Richard Hunter, deceased, and the subsequent proceedings to foreclose the mortgage, and the sale and master’s deed to the defendant Jacob Hunter, were not, in my opinion, fraudulent and void as to the creditors of John Sniffen. Taken in connection with the subsequent conduct of the two Hunters and John Sniffen, they converted the master’s deed, and the claim under it, into a mortgage, and nothing more. Hpon the plaintiff’s own showing, the deed, which was executed to Jacob Hunter for the benefit of Richard…
2Cited by2 opinions
- Emmeluth v. . H.B. AssociationNew York Court of Appeals · 1890
- Bierschenk v. KingAppellate Division of the Supreme Court of the State of New York · 1899