Nathan
Nathan v. Doane
Opinion
lead Opinion
Sharpstein, J.
The plaintiff, a judgment creditor of one Justin Gates, seeks in this action to have, a judgment against said Justin, and in favor of James H. Gates, entered previously to the entry of plaintiff’s judgment, declared fraudulent and void as against the *349 plaintiff herein, and to have the defendants herein surrender the property which they acquired through a purchase at sheriff’s sale upon an execution issued upon said judgment recovered by James II. against Justin Gates, to the Sheriff, who has in his hands an execution issued upon the judgment recovered by the plaintiff against said Justin Gates, to be sold upon said last-mentioned execution, and to have the proceeds of such sale applied to the satisfaction of said last-mentioned judgment; and if any part of said property has been sold by the defendants herein, that they be required to pay into, court a sum of money equal to the value of the goods sold, to be applied to the satisfaction of said judgment, in favor of the plaintiff herein. All the allegations of fraud are denied by the defendants, and the Court found in their favor upon all the material issues, and rendered judgment in their favor. The plaintiff moved upon a bill…