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Romberg v. Tobias

51 N.Y. Super. Ct. 539 19 Jones & S. 539 Court N.Y. Super. Ct. Decision date 1885-02-02 English

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p. 539
Jacob Romberg, appellant, v. Minnie Tobias, et al., respondents.
Decided February 2, 1885.

Headnote

Appeal by plaintiff from judgment at special term that complaint be dismissed. The action was to set aside conveyance of real estate made by defendant Tobias to defendant Abrams, alleged to have been made by defendant Tobias in fraud of her creditor, the plaintiff.
Henry Wehle, for appellant.
Michael J. Kelly, for respondent Tobias.
Joseph C. Wolff, for respondent Abrams.
Before Sedgwick, Ch. J., Van Vorst and Freedman, JJ.

The testimony sustains the finding, that defendant Abrams was a bona fide purchaser, without notice of fraud in the part of Tobias. The testimony adduced to show that Abrams held the land for Tobias, in reality shows a benevolence of Abrams which did not affect the title. Judgment affirmed, with costs.