Judah v. Judd
Supreme Court of Connecticut
THIS was a petition in chancery brought to the superior court, shewing that Judd mortgaged certain lands to secure several distinct debts due from him, one to Pearsall and Collins, one to Hicks and Joseph Shotwell, and one to John and Jeremiah Shotwell, which debts were unpaid ; that John and Jeremiah Shotwell being indebted to the petitioner, he brought his action against them as absent and absconding debtors, left a copy with Judd as their debtor, recovered judgment…
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THIS was a petition in chancery brought to the superior court, shewing that Judd mortgaged certain lands to secure several distinct debts due from him, one to Pearsall and Collins, one to Hicks and Joseph Shotwell, and one to John and Jeremiah Shotwell, which debts were unpaid ; that John and Jeremiah Shotwell being indebted to the petitioner, he brought his action against them as absent and absconding debtors, left a copy with Judd as their debtor, recovered judgment against them, and within sixty days made demand of Judd, upon the execution, which was returned nulla bona and non est…
1Opinion of the Court
Swift, Ch. J.
The petitioner might have taken the land mortgaged by Judd to John and Jeremiah Shotwell in payment of his debt, by legal process ; or, they being absent debtors, he had a right by foreign attachment against Judd as debtor to them, to collect it of him. The only right which he could acquire against Judd was to collect the debt out of his estate ; which would operate as a payment to John *312and Jeremiah Shotwell. A failure of such collection by the inability of Judd to pay, or for any other reason, could not operate as an assignment of the debt to the petitioner, or as a transfer of…
2Cited by4 opinions
- Shelton v. WolthausenSupreme Court of Connecticut · 1908
- Armstrong v. CowlesSupreme Court of Connecticut · 1876
- Candee v. PennimanSupreme Court of Connecticut · 1864
- Hart v. RobertsSupreme Court of Connecticut · 1907