Bennett vs. Erving — 27 N.Y. Super. Ct. 671

Majority

p. 671

Thomas E. Bennett, receiver, &c. plaintiff, vs. William Erving, defendant.

Headnote

An action will not lie, in this court, to set aside as fraudulent a conveyance to the defendant, of a farm in .New Jersey; the “ subject of the action ” being land in another state.

(Before Gabviit, J. at special tern,

May, 1865.)

This was an action to set aside as fraudulent a conveyance to the defendant, of a farm in new Jersey.

The defendant’s counsel moved, on the trial, to dismiss the complaint, on the ground that the words “ cause of action,”

p. 672

in section 33 of the Code of Procedure, giving to this court jurisdiction of the actions enumerated in sections 123 and 124, “ when the cause of action shall have arisen, or the subject of the action shall be situated ” within the city of New York, refer to personal actions only, not to those of this character ; and that the “ subject of the action ” being land in another state, the suit would not lie.

G. W. Stevens, for the plaintiff.

G. W. Gotterill, for the defendant.

after consideration, granted the motion, and dismissed the complaint.