102 N.Y.S. 912 | N.Y. App. Div. | 1907
The plaintiff, a judgment creditor of the defendant Buckley, brings this action and asks to have it adjudged that certain real property, the title of which is now in the defendant Slauson, is held by him as trustee for the creditors of Buckley, and to set aside as fraudulent a deed of said premises to Slauson by the defendant Murphy. When we get at the facts of this case, apart from the law as discussed by the plaintiff, the question presented does not seem doubtful; there is no case for equitable relief, and the judgment dismissing the complaint should be sustained.
On the 19th day of February, 1902, the defendant Buckley entered into a contract with one Schwartje for the purchase of the premises involved in this action, at that time paying $100. Title was to pass on the 15th day of March, 1903, and in the meantime
Murphy, after being, in possession for some time, transferred the title of the premises to Slauson, representing the Federal Brewing ■Company, which had guaranteed the payment of tire- purchase- - money mortgage, in addition to advancing $600 of the purchase money, and the plaintiff claims to- be entitled to reach the premises
The evidence discloses .a legitimate business transaction, in so far as Murphy and Slauson are concerned, and.as the evidence shows valid liens of $10,000, and there is no evidence whatever to show any equities above that sum, the plaintiff has clearly failed to establish any rights to equitable relief in this action, and it was admitted upon the trial that all the evidence of the plaintiff was in the same general direction as that which had been adduced up to the close of the trial, so that it is idle to contend that the trial court jn'evented the plaintiff from fully developing his case. This is not a case
The judgment appealed from should he affirmed, with costs,
Hirsohberu, P. J.,. G-aynor, Rich and Miller, JJ., concurred,
Judgment affirmed, with costs.