Legal Opinion

Lowry v. Morrison

New York Court of Chancery

Decided December 3, 1844PublishedCited by 5 opinions

This was an appeal, from a decretal order of the vice chancellor of the first circuit, overruling the plea of the defendant C. B. Morrison. The complainant was a judgment creditor of the defendants J. C. Morrison and C. B. Morrison.

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This was an appeal, from a decretal order of the vice chancellor of the first circuit, overruling the plea of the defendant C. B. Morrison. The complainant was a judgment creditor of the defendants J. C. Morrison and C. B. Morrison. And in Jan-nary, 1842, he filed his bill against them, in this suit, after the return of an execution unsatisfied, to obtain satisfaction of his judgment out of equitable interests and choses in action, &e. alleged to belong to them; and also to reach property, in the hands of the other defendants, which the complainants charged that his judgment debtors had…

1Opinion of the Court

The Chancellor.

It does not appear by this plea, which was put in fifteen months after the filing of the complainant’s bill, what proceedings had taken place in the suit, to obtain an equitable lien upon the property or effects of the defendant C. B. Morrison, before the institution of the proceedings in bankruptcy against him; or whether a receiver had or had not been appointed in this suit before he was decreed a bankrupt. The question discussed by Judge Conklin in the Matter of Allen, (5 Law Rep. 362,) does not therefore arise upon this plea. I shall proceed to consider the validity of the…

2Cases cited1 opinion

  1. Ex parte General AssigneeDistrict Court, N.D. New York · 1842

3Cited by5 opinions

  1. Myers v. EstellMississippi Supreme Court · 1873
  2. Gibson v. GreenMississippi Supreme Court · 1871
  3. Reeves v. McCrackenNew Jersey Court of Chancery · 1905
  4. Eyster v. GaffSupreme Court of Colorado · 1873
  5. Stewart v. IsidorNew York Court of Common Pleas · 1868

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