Walker v. White
New York Supreme Court
ACTION to set aside a deed of real estate, executed by the sheriff of Wayne county to the defendant, Edward White, and to compel the execution of a deed by said sheriff of the same premises to the plaintiff. On and previous to the 14th of February, 1 $55, Miles Merrill owned the said real estate; and on that day executed a deed thereof to his son James E. Merrill, without any consideration, and with intent to defraud the grantor’s creditors.
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ACTION to set aside a deed of real estate, executed by the sheriff of Wayne county to the defendant, Edward White, and to compel the execution of a deed by said sheriff of the same premises to the plaintiff. On and previous to the 14th of February, 1 $55, Miles Merrill owned the said real estate; and on that day executed a deed thereof to his son James E. Merrill, without any consideration, and with intent to defraud the grantor’s creditors. In November, 1857, Porter G. Denison and David E. Gallic, creditors respectively of Miles Merrill, by judgment recovered in this court in March, 1857,…
1Opinion of the Court
*598By the Court,
E. Darwin Smith, J.
The judgments rendered in the actions of Denison v. Merrills, and Garlic v. Merrills, declaring the deed from Miles Merrill to James E. Merrill fraudulent and void as against the plaintiffs in those suits, simply removed that deed from the way of the plaintiffs, and entitled them to proceed to sell the premises in payment of their debts. The plaintiffs might have had a' receiver appointed, to take a conveyance of said land from the judgment debtor, by whom, under the directions of the court, such premises might have been sold and a title obtained through the…
2Cases cited3 opinions
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Jackson v. EdwardsNew York Court of Chancery · 1839
- Chautauque County Bank v. WhiteNew York Supreme Court · 1849
3Cited by5 opinions
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- Dawley v. BrownNew York Supreme Court · 1887
- Dawley v. BrownNew York Supreme Court · 1887