Loos v. Wilkinson
New York Supreme Court
Appeals from special term, Onondaga county. Conrad Loos and others, judgment creditors of J. Foreman Wilkinson and Alfred Wilkinson, obtained a decree, July 1,1886, setting aside a conveyance of the debtors’ property to John Wilkinson as fraudulent in fact, and ordering the grantee to account for the rents and profits of the property from December 9, 1884, to the date of the decree, and appointed Charles E. Hubbell and Albert K. Hiscoek as receivers.
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Appeals from special term, Onondaga county. Conrad Loos and others, judgment creditors of J. Foreman Wilkinson and Alfred Wilkinson, obtained a decree, July 1,1886, setting aside a conveyance of the debtors’ property to John Wilkinson as fraudulent in fact, and ordering the grantee to account for the rents and profits of the property from December 9, 1884, to the date of the decree, and appointed Charles E. Hubbell and Albert K. Hiscoek as receivers. This decree was affirmed by the general term (45 Hun, 593, mem.) and by the court of appeals (18 N. E. Rep. 99.) On the hearing the master…
1Opinion of the CourtFollett, J.
The court of appeals has held that John Wilkinson must pay to the receivers the rents and profits accruing from the subject of the fraudulent grant while he was in possession of it. Loos v. Wilkinson, 110 N. Y. 195, 18 N. E. Rep. 99. Interest may be allowed upon the rents and profits-received by and recovered from a fraudulent grantee. Jackson v. Wood, 24 Wend. 443; Vandevoort v. Gould, 36 N. Y. 639, 647; Taylor v. Taylor, 43 N. Y. 578, 584; Cowing v. Howard, 46 Barb. 579; Low v. Purdy, 2 Lans. 422; New Orleans v. Gaines, 15 Wall. 624; Mowry v. Whitney, 14 Wall. 620; Littlefield v. Perry, 21…
2Cases cited29 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Littlefield v. PerrySupreme Court of the United States · 1875
- Mowry v. WhitneySupreme Court of the United States · 1871
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
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