Chautauque County Bank v. Risley
New York Court of Appeals
Appeal from the Supreme Court. Ejectment for a lot of land in the village of Eredonia, Chautauque county. Upon the trial, before Mr. Justice Bowen, at the Chautauque Circuit, it was proved that the land in question belonged, previous to October 1, 1837, to one Saxton, who on that day assigned it, with other property, to trustees for the benefit of creditors.
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Appeal from the Supreme Court. Ejectment for a lot of land in the village of Eredonia, Chautauque county. Upon the trial, before Mr. Justice Bowen, at the Chautauque Circuit, it was proved that the land in question belonged, previous to October 1, 1837, to one Saxton, who on that day assigned it, with other property, to trustees for the benefit of creditors. This deed was declared fraudulent and void by a decree in Chancery, made February 29, 1840, upon a bill for that purpose, filed by Webb & Douglas, creditors qf Saxton, against him and his assignees. The plaintiff made title to the land…
1Opinion of the CourtComstock, J.
One Saxton, who is the common source of title, on the 1st of October, 1837, assigned all his real estate to Crosby and Crane for the benefit of his creditors. Webb and Douglass afterwards, on the 4th of November, 1837, recovered a judgment against him, which was the first in the order of time. On the 28th of September, 1838, having had their execution returned unsatisfied, they filed their bill in Chancery against the assignor and assignees for the purpose of setting aside the assignment, on the ground that it was made in fraud of creditors. On the 1st of November, in the same year, a decree…
2Cases cited4 opinions
- Wiswall v. SampsonSupreme Court of the United States · 1853
- New York Firemen Insurance v. SturgesNew York Supreme Court · 1824
- President of the Chautauque County Bank v. RisleyNew York Supreme Court · 1847
- Jackson ex dem. Lansing v. LawNew York Supreme Court · 1825
3Cited by17 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Brown v. Salt Lake CityUtah Supreme Court · 1908
- Gunther v. Board of County Road CommissionersMichigan Supreme Court · 1923
- Ostrom v. City of San AntonioTexas Supreme Court · 1901
- Chardkoff Junk Co. v. City of TampaSupreme Court of Florida · 1931
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