Majority
p. 539Jacob Romberg, appellant, v. Minnie Tobias, et al., respondents. Decided February 2, 1885. Before Sedgwick, Ch. J., Van Vorst and Freedman, JJ.
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.
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.