TITLE: [134] Fraudulent convey. &c. CHAPTER VII. OF FRAUDULENT CONVEYANCES AND CONTRACTS, TITLE I.-OF FRAUDULENT CONVEYANCES AND CONTRACTS, RELATIVE TO LANDS. TITLE II.-OF FRAUDULENT CONVEYANCES AND CONTRACTS, RELATIVE TITLE III.-GENERAL PROVISIONS. TITLE I. Of fraudulent Conveyances and Contracts, relative to Lands. SEC. 1. Conveyances of lands, etc., with intent to defraud purchasers, void as to them. 2. Qualification of preceding section, as to subsequent purchasers. 3. Conveyances containing power of revocation, etc., void as to subsequent purchasers. 4. Certain conveyances by person authorised to revoke former conveyance, valid. 5. Such conveyances valid from the time the power to revoke vested. 6. Writing, etc., necessary to convey certain interests in land. 7. Last section not to extend to wills or certain trusts, or fines. 8. Contracts to sell or lease lands, to be in writing; consideration to be stated. 9. Contracts subscribed by lawful agent, valid. 10. Powers of chancery to compel performance of agreements, not to be affected. SECTION 1. Every conveyance of any estate or interest in lands, ances, void, or the rents and profits of lands, and every charge upon lands, or 4 N.Y., 211; upon the rents and profits thereof, made or created, with the intent 25 How. Pr. to defraud prior or subsequent purchasers for a valuable consideraR., 482; 40 tion, of the same lands, rents or profits, as against such purchasers, shall be void. 1 N.Y., 308; How. Pr. R., 441; 8 Bosw., 174. Qualifica tions of last sec [1 R. L., 75, § 3.] § 2. No such conveyance or charge, shall be deemed fraudulent, in favor of a subsequent purchaser, who shall have actual or legal notice thereof, at the time of his purchase, unless it shall appear Pr. R., 311; that the grantee in such conveyance, or person to be benefitted by such charge was privy to the fraud intended. tion. 24 How. 55 N. Y., 501. Convey. ances with power of revocation void, &c. 38 Barb., 206; 59 N. Y., 450. Conveyances by §3. Every conveyance or charge of, or upon, any estate or interest in lands, containing any provision for the revocation, determination or alteration, of such estate or interest, or any part thereof, at the will of the grantor, shall be void, as against subsequent pur-. chasers from such grantor for a valuable consideration, of any estate or interest so liable to be revoked or determined, although the same be not expressly revoked, determined or altered, by such grantor, by virtue of the power reserved or expressed in such prior conveyance or charge. [1 R. L., 75, § 5.] § 4. Where a power to revoke a conveyance of any lands, or the one autho- rents and profits thereof, and to reconvey the same, shall be given revoke for to any person, other than the grantor in such conveyance, and such TITLE 1. person shall thereafter convey the same lands, rents or profits, to a rised to purchaser for a valuable consideration, such subsequent conveyance mer grants. shall be valid, in the same manner and to the same extent, as if the power of revocation were recited therein, and the intent to revoke the former conveyance expressly declared. § 5. If a conveyance to a purchaser, under either of the two last Id. preceding sections, shall be made, before the person making the same shall be entitled to execute his power of revocation, it shall nevertheless be valid, from the time the power of revocation shall actually vest in such person, in the same manner and to the same extent as if then made. to convey terests in § 6. No estate or interest in lands, other than leases for a term not Requisites exceeding one year, nor any trust or power, over or concerning certain inlands, or in any manner relating thereto, shall hereafter be created, lands. granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing. 55 N. Y., 661; 7 J. & S., 389; 62 N. Y., 31; 64 Barb., 434; 1 Abb. Ct. App. Dec., 36; 60 [1 R. L., 75, §§ 9, 10 and part of § 12.] nor to [135] tion of last section. 30 How. Pr. N. Y., 547; § 7. The preceding section shall not be construed to affect in any Qualifica manner the power of a testator in the disposition of his real estate by a last will and testament; nor to prevent any trust from arising or being extinguished, by implication or operation of law; prevent any declaration of trust from being proved by any writing subscribed by the party declaring the same; nor to prevent, after a fine shall have been levied, the execution of a deed or other instrument in writing, declaring the uses of such fine. [Thus amended by L. 1860, ch. 322.] [1 R. L., 75, part of §§ 12, 13 and 14.] § 8. Every contract for the leasing for a longer period than one year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party, by whom the lease or sale is to be made. 52 N. Y., 494; 45 N. Y., 594; 43 N. Y., 550; 40 N. Y., 498; 36 N. Y., 539; 1 Lans., 284; 8 Barb., 262; 38 How. Pr. 43 Hun, 294. Contracts sell land. to lease or TITLE 2. Id. Powers of courts of equity. Hun, 304; 23 Hun, 29; 71 N. Y., 590; 13 Abb. N. C., 16, 214; 18 J. & S., 126; 30 Hun, 282; 31 Hun, 476; 35 Hun, 18, 103, 148; 37 Hun, 526; 99 N. Y., 609; 100 N. Y., 644; 26 Hun, 505; 42 Hun, 1; 103 N. Y., 414; 44 Hun, 462; 104 N. Y., 414. [1 R. L., 75, § 11.] § 9. Every instrument required to be subscribed by any party, under the last preceding section, may be subscribed by the agent of such party lawfully authorised. 14 N. Y., 584; 5 N. Y., 243; 4 Hill, 357; 4 Edw., 105; 11 Paige, 406; 10 Paige, 126, 205, 394; 3 Duer, 395; 1 Duer, 96; 25 N. Y., 156; 39 How. Pr. R., 426; 53 Barb., 661; 1 Lans., 284; 40 N. Y., 370; 3 Robt., 486; 70 N. Y., 598. § 10. Nothing in this title contained, shall be construed to abridge the powers of courts of equity, to compel the specific performance of agreements, in cases of part performance of such agreements. 1 Johns. Ch. R., 274; 4 N. Y., 403; 6 Barb., 98; 3 Barb. Ch., 407; 2 Barb. Ch., 555; 4 Sandf. S. C., 524; 34 N. Y., 311; 4 Hun, 113; 43 N. Y., 39; 1 Abb. Ct. App. Dec., 515; 51 Barb., 308; 3 Lans., 249; 4 Bosw., 276; 69 N. Y, 577; 7 Hun, 588; 8 Hun, 625; 64 N. Y., 286; 19 Hun, 561; 26 Hun, 505; 97 N. Y., 285; 43 Hun, 541. Certain transfers TITLE II. Of fraudulent Conveyances and Contracts, relative to Goods, Chattels, and SEC. 1. Transfers of personal property for use of grantor, void as to creditors. 3. Requisites to the validity of contracts for sale of personal property. 4. What to be a memorandum, within last section, of sales at auction. 5. Certain transfers of goods, etc., fraudulent as to creditors, unless delivered, etc. 6. Who to be deemed creditors within last section. 7. Qualifications of two last sections. 8. Instruments subscribed by lawful agent, valid. SECTION 1. All deeds of gift, all conveyances, and all transfers or of personal assignments, verbal or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, shall be void as against the creditors, existing or subsequent, of such person. property, void. Certain 10 Bosw., 645, 419; 4 Robt., 494; 4 Abb. Ct. App. Dec., 95; 66 N. Y., 374; 21 N. Y., 33, 594; 6 N Y., 510; 4 N. Y., 215; 19 Barb., 450; 17 Barb., 316; 12 Barb., 168; 8 Barb., 346; 6 Hill, 438; 4 Johns C. R., 452; 19 How. Pr. R., 357; 1 E. D. Smith, 448; 25 How. Pr. R., 432, 513; 16 Abb. N. C., 46; 27 Hun, 200, 359; 35 Hun, 128; 36 Hun, 167; 39 Hun, 35; 96 N. Y., 85; 99 N. Y., 457; 84 N. Y., 522; 43 Hun, 174. [1 R. L., 75, §1.] § 2. In the following cases, every agreement shall be void unless ments to be such agreement or some note or memorandum thereof be in writing, in writing, and subscribed by the party to be charged therewith: etc. 1. Every agreement that by its terms is not to be performed within one year from the making thereof. 2. Every special promise to answer for the debt, default or miscarriage of another person. 3. Every agreement, promise or undertaking, made upon consideration of marriage, except mutual promises to marry. [This section thus amended by L. 1863, ch. 464.] 1 T. & C., 256; 6 T. & C., 309; 60 N. Y., 238; 45 N. Y., 33; 60 N. Y., 438; 7 Lans., 72; 1 Hun, 618; 16 Abb., N. S., 337; 6 T. & C., 611; id., 632; 4 J & S., 341; 2 T. & C., 416; 59 N. Y., 250; 13 Hun, 170; 75 N. Y., 446; 18 Hun, 31; 7 Daly,30; id., 345; 22 Hun, 412; 4 Hun, 414; 57 How. Pr., 174; 3 Hun, 612; 7 Hun, 583; 73 N, Y., 599; 59 N. Y., 250; 60 N. Y, 438; 15 Hun, 178; 67 N. Y, 237; 14 Hun, 559; 7 Daly, 345; 10 Hun, 343; 70 N. Y., 180; 7 Hun, 80; 62 N. Y., 560; 67 N. Y., 538; 9 Hun, 68; 15 Hun, 147; 9Hun, 73; 8 Daly, 368; 23 N. Y., 496; 21 N. Y., 337, 413; 16 N. Y., 484; 15 N. Y., 9; 14 N. Y, 268; 13 N. Y., TITLE 2. [136] personal § 3. Every contract for the sale of any goods, chattels, or things Contracts in action, for the price of fifty dollars or more, shall be void, unless, for sale of I. A note or memorandum of such contract, be made in writing, property. and be subscribed by the parties to be charged thereby; or, 2. Unless the buyer shall accept and receive part of such goods, 1 Hun, 400; 4 Hun, 565; 1 T. & C., 3; 51 N. Y., 652; 6 Hun, 285; 57 N. Y., 375; 53 N (1 R. L., 75, § 15.] § 4. Whenever goods shall be sold at public auction, and the sales at auctioneer shall, at the time of sale, enter in a sale-book, a mem- auction. orandum specifying the nature and price of the property sold, the terms of the sale, the name of the purchaser, and the name of the person on whose account the sale is made, such memorandum shall be deemed a note of the contract of sale, within the meaning of the last section. 26 Wend., 351; 19 Wend., 550; 12 Wend., 552; 10 Paige, 537; 2 Abb. Pr., 285; 1 Duer, and posses. tain trans goods, &c. § 5. Every sale made by a vendor, of goods and chattels in his Delivery possession, or under his control, and every assignment of goods and sion neceschattels, by way of mortgage or security, or upon any condition sary to cer whatever, unless the same be accompanied by an immediate de- fers of livery, and be followed by an actual and continued change of possession, of the things sold, mortgaged or assigned, shall be presumed to be fraudulent and void, as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith; and shall be conclusive evidence of fraud, unless it shall be made to appear, on the part of TITLE 3. the persons claiming under such sale or assignment, that the same was made in good faith, and without any intent to defraud such creditors or purchasers. Who to be deemed creditors. 2 Robt., 344, 439; 63 Barb 318; 18 J. & S., 130; 103 N. Y., 115. Two last sections qualified. Agents. 17 N. Y., 28; 10 N. Y., 310; 4 N. Y., 303, 580; 1 N. Y., 496; 25 Barb., 428; 20 Barb., 27; 19 Barb., 455; 17 Barb., 316; 15 Barb., 599; 13 Barb., 326; 12 Barb., 530; 9 Barb., 440; 8 Barb., 123; 6 Barb., 94; 4 Hill, 162, 272; 1 Hill, 449; 26 Wend., 511; 25 Wend., 398; 24 Wend., 116; 23 Wend., 653; 21 Wend., 118; 20 Wend., 19; 19 Wend., 183, 515; 17 Wend., 55, 494; 16 Wend., 523; 15 Wend., 213, 629; 12 Wend., 298; 8 Wend., 578; 6 Wend., 402; 2 Wend., 446; 7 Cow., 86; 3 Cow., 166; 4 T. & C., 280; 8 Bosw., 174; 10 id., 432; 5 Duer, 220, 441; 2 Duer, 99; 13 Abb. Pr., 155; 3 Sandf, 73; 2 Sandf., 594; 8 How. Pr. R., 310; 10 Johns. R., 363; 25 How. Pr. R., 513; 56 N. Y., 8; 55 N. Y., 107; 37 N. Y., 610; 2 Hun, 68; 1 Sweeney, 393; 56 N. Y., 273; 63 Barb., 311; 4 J. & S., 58; 65 Barb., 227; 55 N. Y., 107; 71 N. Y., 205; 19 Hun, 172; 7 Daly, 410; 71 N. Y., 391, 614; 20 Hun, 416; 75 N. Y., 251; 79 N. Y., 19; 77 N. Y., 461; 10 Daly, 450; 25 Hun, 504; 31 Hun, 606; 33 Hun, 562; 86 N. Y., 332; 43 Hun, 148. § 6. The term "creditors," as used in the last section, shall be construed to include all persons, who shall be creditors of the vendor or assignor, at any time whilst such goods and chattels shall remain in his possession or under his control. § 7. Nothing contained in the two last sections shall be construed to apply to contracts of bottomry or respondentia, nor to assignments or hypothecations of vessels or goods, at sea, or in foreign ports. § 8. Every instrument required by any of the provisions of this title, to be subscribed by any party, may be subscribed by the lawful agent of such party. 12 N. Y., 371; 10 Paige, 537; 5 Sandf., 101; 47 Barb., 175; 42 N. Y., 499; 60 Barb., 25; 13 Abb. N. C., 212, 248; 18 J. & S., 130; 33 Hun 571. L. 1882, Chap. 324-An act relative to debts discharged in bankruptcy. New promise must be in writing and signed by debtor. SECTION 1. That no subsequent or new promise hereafter made by any person duly discharged in bankruptcy to pay any debt so discharged in bankruptcy shall revive such debt against the person so discharged, unless such subsequent or new promise shall be contained in some writing signed by the person to be charged thereby. [137] Convey ances, etc., intent to hinder or TITLE III. General Provisions. SEC. 1. Instruments relating to real or personal property, made to defraud, void. 2. Grants and assignments of trusts, to be in writing. 3. Instruments void as to creditors, to be void as to their representatives, etc. 4. Fraudulent intent, a question of fact; want of consideration not conclusive. 5. Certain purchasers not to be affected by fraud, without notice thereof. 6. Meaning of terms " lands," and "estate and interest in lands." 7. Meaning of term "conveyance." 8. This chapter not to affect instruments, etc., already executed. SECTION 1. Every conveyance, or assignment, in writing or othermade with wise, of any estate or interest in lands, or in goods or things in action, or of any rents or profits issuing therefrom, and every charge defraud upon lands, goods, or things in action, or upon the rents or profits thereof, made with the intent to hinder, delay or defraud creditors or other persons, of their lawful suits, damages, forfeitures, debts or creditors, void. |