Benjamin Estes, Respondent v. Ruth D. Wilcox, Appellant

Summary

The New York Court of Appeals reversed the General Term's judgment for the creditor, holding that a creditor at large cannot sue to enforce a resulting trust in land purchased and paid for by the debtor and conveyed by the debtor's direction, even when the debtor is dead and insolvent. The court required that the debt be ascertained by a judgment and legal remedies exhausted before proceeding in equity.