Borden v. Doughty
New Jersey Court of Chancery
1. A husband promised his wife that if she would join in executing a mortgage, he would make a deed to her for certain other property. Eighteen or twenty years afterwards he conveyed to her the lot referred to.
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1. A husband promised his wife that if she would join in executing a mortgage, he would make a deed to her for certain other property. Eighteen or twenty years afterwards he conveyed to her the lot referred to. Before this conveyance he became indebted. — Held, that the conveyance was not a bar to judgments recovered by his creditors. 2. The wife expended considerable sums of her own money in making valuable improvements ; it not appearing that she acted in any sense dishonestly. —Held, that she was entitled to the present value of such improvements.
1Opinion of the Court
Bird, V. C.
The complainants are judgment creditors. When the debts were contracted on which the judgments were obtained, Benjamin Doughty was the owner of two tracts of land. Before the judgments were rendered he conveyed them both to his daughter Rebecca. One of the lots Rebecca still holds the title to, the other she conveyed to her mother on the same day and at the same time that she took the deed from her father. Executions were issued upon the judgments and returned by the sheriff nulla bona. The object of these suits is to have the said conveyances declared fraudulent and void as to…
2Cases cited2 opinions
- King v. WilcoxNew York Court of Chancery · 1845
- Rucker v. AbellCourt of Appeals of Kentucky · 1848
3Cited by1 opinion
- Lowenthal v. Standard Oil Co. of N.Y., Inc.New Jersey Court of Chancery · 1933