Langford v. Fessenden

Headnote

Debtor and creditor — fraudulent conveyance — action to set aside conveyance by husband to wife as in fraud of creditors — insufficiency of evidence of fraud.

Langford v. Fessenden, 220 App. Div. 258 , affirmed.

Appeal from a judgment, entered June 7, 1927, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was brought to set aside a conveyance by defendant Levi A. Fessenden to his wife of an interest in certain parcels of real property upon the

ground that the conveyance was made for the purpose of defrauding plaintiff, a judgment creditor, and hindering and delaying collection of his judgment. The Appellate Division held that undisputed evidence showed the conveyance was made for a good and sufficient consideration and that the conclusion of the trial court that it was made for the purpose of hindering and delaying creditors was unsupported by the evidence.