Reports of Cases Argued and Determined in the Court of Chancery of the State of New York Volume 6

Reports of Cases Argued and Determined in the Court of Chancery of the State of New York Volume 6

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1838 edition. Excerpt: ...any gaming transactions. Neither do I think it competent for the wife, in such a case as this, to impeach the consideration of a judgment recovered against the husband, unless she can also satisfy the court that the judgment is the result of collusion, or of a conspiracy'between her husband and mere nominal creditors to deprive her and her children of an equitable right to a provision for support out of her property. There is no doubt, however, as to the fact that the husband has ruined himself by gambling; and that if his interest as tenant by the curtesy initiate in his Wife's real estate is sold on the execution upon this judgment, his wife and her infant children will be left without any means of support during his life. The only question to be decided, therefore, upon the present application is, whether this court has any pow er to reach this life interest so as to preserve it for her support; and thus to protect her and her helpless children against a vicious and improvident husband and his creditors. If the wife has any equitable rights as against the husband himself, she is equally entitled to protection as against the lien of a judgment; which cannot in this court be permitted to overreach a prior equitable claim upon the land, although at law it is a lien upon the legal estate of the hus 1837-band. Had the husband, therefore, before the recovery of M the judgments, been guilty of any act which entitled the wife Van Duzer.. v. to a decree for a divorce or a separation, and for a support V" Due" for herself and children out of his estate, and had this bill been filed for that purpose also, I should have found no difficulty in giving effect to that prior equity against the general lien of the judgments, as well more

Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236941713
  • 9781236941718