Babirecki v. Virgil
| Decision Date | 09 May 1924 |
| Docket Number | No. 51/566.,51/566. |
| Citation | 124 A. 454 |
| Parties | BABIRECKI et al. v. VIRGIL et al. |
| Court | New Jersey Court of Chancery |
Application by Mary Babirecki by her next friend, Stephen Babirecki, and by the latter individually, against Andrew G. Virgil and others, to set aside a deed alleged to have been given in fraud of creditors. Decree denying prayer advised.
John V. Laddey, of Newark, for complainants.
Frank B. Bozza, of Newark, and O. C. Bianchi, of Orange, for defendants.
This is an application to set aside a deed which, it is alleged, was given in fraud of creditors.
On April 21, 1921, complainants started a suit in the Essex county circuit court and on February 10, 1922, obtained a judgment in tort against Andrew, Louis, and Frances Virgil for about $4,000. Frances Virgil on the sixth day of May, 1921, conveyed to Mamie Virgil a one-half undivided interest in a certain tract of land formerly owned by Mamie and Frances as tenants in common. The defendants assert that the deed is bona tide, that it is supported by a valuable consideration and that it is in pursuance of a trust agreement entered into four years before complainants' rights arose and that though the conveyance was made after suit was instituted, but before judgment, defendants had a right to make the conveyance as they were preferring a prior creditor without fraud.
The crux of the case is the alleged agreement between Mamie and Frances. The situation of the title is as follows: On the 5th day of May, 1915, Mamie and Frances Virgil purchased in fee simple from Oscar H. Condit, executor, two parcels of land adjoining each other. On August 25, 1917, Mamie and Frances Virgil joined in a deed of conveyance to one Margaret G. Farrel, who, in turn, by a deed of even date conveyed the two tracts to Mamie and Frances as tenants in common. It is alleged that Frances, before the conveyance of the estate in common, was indebted to Mamie in the sum of $2,500 constituting her share of the purchase price which, had been paid by Mamie, and accordingly Frances agreed to pay Mamie that sum of money three years from the date of the agreement and upon default to reconvey her one-half Interest to Mamie, and until such payment to hold this one-half undivided interest in trust for Mamie. She was not able to raise the $2,500, and on May 6, 1921, conveyed her one-half undivided interest to Mamie.
The complainants attack this evidence, because they allege that there was fraud in this transaction. It is...
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Babirecki v. Virgil
...by Mary Babirecki, by Stephen Babirecki, her next friend, and another, against Andrew G. Virgil and others. From decree for defendants (124 A. 454), complainants appeal. Reversed and John V. Laddey, of Newark, for appellants. Frank B. Bozza, of Newark, for respondents. KATZENBACH, J. This i......
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Babirecki v. Virgil
...Andrew G. Virgil and others. From a judgment for defendants (130 A. 728), complainants appeal. Reversed and remanded. See, also, 96 N. J. Eq. 216, 124 A. 454; 127 A. 591, 39 A. L. R. John V. Laddey, of Newark, for appellants. Wm. H. Smith, of Newark (Frank B. Bozza and John W. McGeehan, Jr.......
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Babirecki v. Virgil
...Babirecki, her next friend, and Stephen Babirecki, individually, against Andrew G. Virgil and others. Bill dismissed. See, also, 96 N. J. Eq. 216, 124 A. 454; 127 A. 594. John V. Laddey, of Newark, for complainants. Frank B. Bozza, of Newark, for defendants. CHURCH, V. C. This is a rehearin......