Norton v. . Mallory
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 1 Hun, 499; 3 T. & 0., 640.) This action was brought by plaintiff as judgment creditor of defendant Russell B. Mallory, to set aside a deed from the latter to his son, the defendant, Fred.
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Appeal from, judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 1 Hun, 499; 3 T. & 0., 640.) This action was brought by plaintiff as judgment creditor of defendant Russell B. Mallory, to set aside a deed from the latter to his son, the defendant, Fred. E. Mallory, of certain premises in Schuyler county, as fraudulent against creditors of the grantor. The court found among other things, in substance, that prior to September, 1868, the…
1Opinion of the Court
Church, Ch. J.
We concur with the General Term, that the title of the defendant Fred. E. Mallory, under the deed of Bussell B. Mallory, is valid as against the plaintiff, who at the time of the conveyance was a creditor at large of Bussell B. Mallory. The findings of facts, that this land descended to Bussell B. Mallory from his mother, in pursuance of an agreement that he would convey it to the defendant, and that she was prevented thereby from making a will devising it to him, in connection with the additional fact that Bussell B. Mallory was paid by his mother the consideration for any…
2Cases cited2 opinions
- Siemon v. . SchurckNew York Court of Appeals · 1864
- Sieman v. AustinNew York Supreme Court · 1859
3Cited by6 opinions
- Brennan v. HallNew York Supreme Court · 1891
- Scott v. CalladineNew York Supreme Court · 1894
- Daly v. KohnIllinois Supreme Court · 1908
- Bachs v. TomlinsonNew York Supreme Court · 1886
- Maltz v. Westchester County Brewing Co.New York Supreme Court · 1913
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