ment to said plaintiffs of the value thereof, and upon payment of the damages to said plaintiffs for detention, assessed as aforesaid, and their costs. AND IT IS FURTHER ORDERED AND ADJUDGED, that, upon default of such return and payment by said W. & Co., the defendant V. pay said deficiency to said Y. & Co., and that said V. have his recourse therefor over against said W. & Co. [Leave to apply for further directions may be given.] FORM No. 1858. Conflicting claims. day of [To real property:56] It is adjudged that the defendant [naming him], and all persons claiming under him, by title accruing subsequently to the , 19, the day of the filing of the judgment roll herein [or if notice of lis pendens was filed: the day of the filing of notice of the pendency of this action] be forever barred from all claim to any estate of inheritance or for life, or for a term of years not less than ten from the day of 19, in [or to any interest or easement therein, or lien or incumbrance upon] the premises mentioned in the complaint, or any part thereof; and, further, that the plaintiff recover of the defendant dollars, his costs of this action. FORM No. 1859. [Directors' acts annulled, and money diverted to be refunded.”] I. That the acts of the defendants W. W., D. W. and J. C., as directors of the defendant the Company, of the of 19, allowing to the defendant D. W., dollars for past services, be and the same is hereby declared void; and that the payment to him of that amount under that resolution, was unauthorized and illegal. II. That the defendants D. W., W. W. and J. C. pay to the defendant the Company, for the benefit of and distribu dollars. tion among the stockholders thereof, the said sum of so paid to the defendant D. W., with interest thereon from the day of , 19, within thirty days after notice of the entry of this judgment shall have been served on the attorney of said 56 See form of judgment approved in Whitman r. City of New York, 85 App. Div. 468, 83 N. Y. Supp. 465. 57 From Butts r. Wood. 37 N. 317 (aff'g 38 Barb. 181), where it was approved. See note in 20 Abb. N. C. 431. defendants; and that in case such payment and distribution shall not be made within that time, the plaintiff shall be at liberty to apply to this court for further directions and relief in respect thereto. III. That the plaintiff I. B. recover of the defendants W. W., D. W. and J. C., the sum of dollars, his costs and dis bursements herein, and that he have execution therefor. FORM No. 1860. Sequestrating effects of corporation, at suit of a judgment-creditor, and appointing receiver for distribution. [Recitals as to services, trial etc., as in other Forms, adding recital of service on or appearance of attorney-general, see Forms Nos. 716, to 728; and if temporary receiver was appointed, add:] and R. C. having been by order duly entered herein on the day of 19 duly appointed receiver of all the assets of said company, and having duly qualified and entered upon his duties as receiver [etc.]: IT IS ADJUDGED, 1. That the stock,58 property, real and personal, things in action and effects of the said corporation defendant, the G. W. Co., be and the same hereby are sequestrated,59 and vested in the receiver hereby appointed, and the said defendant is hereby directed to execute a good and sufficient conveyance thereof to the said receiver. 2. That R. C., Esq., heretofore appointed receiver of the said corporation, is hereby continued as the permanent receiver thereof, with the usual powers and duties, and vested with all the rights and powers of receivers in like cases [may give special directions, as thus: and see Forms Nos. 724, 728]; and said receiver is hereby directed and empowered to collect and receive the debts, demands and other property of the said corporation to preserve the property and the proceeds of the debts and demands collected, to sell or otherwise dispose of the property as directed by the court, to collect, receive, and preserve the proceeds thereof, and to maintain any action or special proceedings for either of those purposes. 61 58 For directions as to unpaid stock subscriptions, or liability of stockholders, see N. Y. Code Civ. Pro., $$ 1790-1796; People v. Hydrostatic Paper Co., 88 N. Y. 623. 59 N. Y. Code Civ. Pro., § 1784. so Id., §§ 1789, 713. May require new bond. For other Forms of ap pointment of receiver, see Vol. I, pp. see 3. That the injunction herein granted by order entered the day of 19, is hereby made perpetual, and [repeat its terms, so far as necessary]. 62 4. That said receiver is hereby directed to procure and publish an order requiring all the creditors of the said Company, defendant, to exhibit and prove their claims to said receiver at a place to be specified in said notice, and become parties to the above entitled suit or proceeding within [not less than six] months from the first publication of the notice of the order, and that all and every of the said creditors who make default in so doing shall be precluded from all benefit of this judgment and from any distribution which shall be made under this judgment. 5. That the said receiver make a fair and just distribution of the said property of the said Company and of the proceeds thereof among its fair and honest creditors who have exhibited and proved their claims in the order and in the proportion prescribed by law as in the case of a voluntary dissolution of a corporation.4 6. That before distributing any part of said fund or assets, and within months from the entry of this judgment, the said receiver report to this court his proceedings under this order, with an exhibit of the accounts and demands for and against said Company, and all its open and subsisting contracts, and a statement of the amount of money and assets in the hands of said receiver, together with a statement of his expenses and commissions; to the end that such order may be made in regard thereto as the nature of the case may require; and that until the coming in of said report, and the hearing thereon, the question as to the distribution of said assets and moneys, and of the rights. and interests of the respective parties claiming the same, or any portion thereof, and other questions not herein disposed of, including the question of costs. be reserved for further directions. FORM No. 1861. [Judgment removing fraudulent obstruction to execution:] IT IS ADJUDGED, 1. That the conveyance [describing it, as thus], 62 For terms of injunction, see Form 724, etc. 63 N. Y. Code Civ. Pro., § 1807. 64 N. Y. Code Civ. Pro., §§ 1784, 1793. 65 Erickson r. Quinn, 15 Abb. Pr. (N. S.) 166; Vrooman v. Clow, 25 Wkly. Dig. 139; Kennedy v. Barandon, 4 Hun, 642; Murray v. Berdell, 98 N. Y. 480. As to providing for the rights of third persons, see Mitchell r. Sawyer, 45 Ill. 650, 6 N. E. Rep. 109; S. P., Lore v. Dierkes, 16 Abb. N. C. 47, 58. , to the defendant W. X., and in the office of the clerk of Conveyances, p. [or, a copy of which is annexed to the complaint herein], was executed by the defendant Y. Z., with intent to hinder, delay and defraud the creditors of the said Y. Z., and is void as against the plaintiff in this action;66 and that the judgment confessed by the defendant Y. Z. in favor of the defendant U. V. in the court, and entered in the office of the clerk of day of for dollars, on the 19 was made with intent to defraud the creditors of said Y. Z. [or, is insufficient, and, in law, fraudulent as against the creditors of said Y. Z.]; and that the same, and all the proceedings thereon, the execution, and the sale thereunder, and the sheriff's certificate of sale, bearing date the 19 , and his deed, bearing date the 19 to the defendant S. T., in pursuance thereof, are each and all void as against the plaintiff in this actions [may add direction to clerk or recording officer to mark accordingly]. day of day of 2. That the plaintiff recover of the defendants [naming which] dollars costs of this action. 3. That the real property [describing it] is subject to and bound by the lien of the judgment recovered by plaintiff the day of 19. and mentioned in the complaint herein;69 and the personal property [describing it] is subject to and bound by the lien of the execution issued on said judgment, [or, the lien effected by the commencement of this action].70 4. That the plaintiff in this action is at liberty to proceed upon his execution heretofore issued upon the judgment in his favor mentioned in the complaint, or to issue another execution, as he 66 An additional adjudication or finding of the debtor's insolvency is unnecessary. Vollkommer v. Cody, 177 N. Y. 124. 67 Each fraudulent transfer may be upset without regard to the necessity for so doing in order to satisfy plaintiff's entire claim. Metcalf v. Moses, 161 N. Y. 587. 68 If before action begun the property was transferred to a bona fide purchaser, the deed to the fraudulent transferee should not be set aside; the court should ascertain the value of the property, and render a money judgment therefor. Skillin v. Maibrunn, 75 App. Div. 588, 78 N. Y. Supp. 436. 69 If an accounting is directed as to intermediate profits, it should include only from the time of the commencement of the creditor's action to set aside the transfer. Hillyer v. Le Roy, 179 N. Y. 369. 70 Where it is adjudged that the defendant transferee holds the property as a trustee for the benefit of the plaintiff (there being no judgment lien upon the property), the court may properly direct a sale by the sheriff" according to law and the practice of the courts in the sale of premises under foreclosure." See Hall . Bond, 68 App. Div. 293, 74 N. Y. Supp. 5. may be advised, and that the said defendant [name] deliver to the sheriff upon any such execution said property [describing the property reached], to be sold and applied to satisfy said judgment, and interest, and also the costs of this action. FORM No. 1862. Another Form, directing transfer to receiver; 71 with reference; and relief against fraudulent transferees.72 73 IT IS ADJUDGED, 1. That the plaintiff, by virtue of his judgment and execution, and the commencement of this action, has a lien upon all the property of every description of the said defendant Y. Z., including all that was assigned or transferred by him to the defendant W. X., or so much thereof as may be neces sary to satisfy the plaintiff's judgment, interest and costs, which lien took effect on the day of 19, and that the assignment of the defendant Y. Z to the defendant W. X., in the pleadings mentioned, was made with intent to hinder, delay, and defraud the plaintiff [and other creditors of the said Y. Z., and], was and is void as against him [and them], and the same hereby are set aside and declared void as against plaintiff. 2. That the said W. X. do forthwith account for, convey, pay and deliver all the money and other property assigned to him, and the proceeds thereof, to R. C. [receiver heretofore appointed of the property of the said Y. Z., and], who is hereby appointed receiver in this action, as well as of the property belonging to the said Y. Z., and of that assigned to said W. X. [may require new bond and give further directions]. [Injunction may be inserted, see Forms Nos. 587, 608, etc.; or if already granted, made perpetual, see Form No. 1860.] 3. That the defendant W. X. do transfer and deliver all the property assigned to him, and the proceeds thereof, to the said receiver [if there is real property, add: and the defendants, 71 See cases in note to last Form, and Wagener v. Mars (So. Car., 1887), 2 S. E. Rep. 844. 72 See note in 16 Abb. N. C. 59. 73 Wahlheimer v. Truslow, 106 App. Div. 73, 94 N. Y. Supp. 137; Mandeville v. Campbell, 45 App. Div. 512, 61 N. Y. Supp. 443 (resulting trust). 74 Injunction may be embodied in judgment. N. Y. Code Civ. Pro., $ 1866. 75 Merely setting aside a fraudulent transfer of real property leaves the title where it was before the transfer, i. e., usually in the debtor. Per sonalty vests in the receiver by force of his appointment, and may be sold without a formal conveyance or as signment to the receiver. As to real property, the execution of an assignment to the receiver should always be required, unless he is by statute, as in the case of receivers in supplementary proceedings, and many corporate receivers, under New York law, vested with title by force of the statute on his appointment. As to providing for dower of debtor's wife, see Wright v. Nostrand, 94 N. Y. 31; Malony f. Horan, 12 Abb. Pr. (N. S.) 289. As |