Appellate Division of the Supreme Court of New York, 1925

Muller v. Muller

Muller v. Muller
Appellate Division of the Supreme Court of New York · Decided December 15, 1925
215 A.D. 787
Muller v. Muller

Opinion of the Court

Judgment reversed on the law and the facts, on the ground that the finding that the transfer was made with the intention of avoiding the debts of the husband is against the weight of the evidence, and that the respondent is not entitled to the relief which tins judgment gives her because the property was at that time held by husband and wife as tenants by the entirety, and that she was equally guilty of fraud if any fraud was committed by the transfer of the property. Judgment directed that plaintiff and defendant Muller hold the property as tenants in common, Mrs. Muller upon the trial having disclaimed sole ownership. New findings to be made in accordance with this decision. Kelly, P. J., Rich, Jaycox, Manning and Young, JJ., concur. Settle order on notice.

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