Boyd & Suydam v. Hoyt & Parsel
New York Court of Chancery
The bill in this cause was filed by the complainants as judgment creditors of E. Hoyt, after the return of an execution unsatisfied, in pari, to reach certain property in the hands of the defendants, his son and son-in-law, which, as was alleged in the bill, had been placed in their hands in fraud of the complainants’ rights as creditors; and which they sought to have applied in satisfaction of the balance due on their judgment.
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The bill in this cause was filed by the complainants as judgment creditors of E. Hoyt, after the return of an execution unsatisfied, in pari, to reach certain property in the hands of the defendants, his son and son-in-law, which, as was alleged in the bill, had been placed in their hands in fraud of the complainants’ rights as creditors; and which they sought to have applied in satisfaction of the balance due on their judgment. It appeared that the defendants had no joint interest in the property sought to be reached by this part of the bill; but that such property had been received by them…
1Opinion of the Court
The Chancellor.
So far as this bill seeks to reach the property of E. Hoyt, which has come to the hands of these defendants, respectively, without consideration, and to have the same applied in satisfaction of the balance due on the complainants’ judgment, there is no foundation for the objection that the bill is multifarious, because both defendants are joined in the same bill. The decision of the court for the correction of errors in the case of Fellows v. Fellows, (4 Cowen’s R. 682,) settles the principle that where a debtor conveys different portions of his property to several persons, in…
2Cited by55 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Wilson v. CastroCalifornia Supreme Court · 1866
- Randle v. BoydSupreme Court of Alabama · 1882
- Carter v. HobbsDistrict Court, D. Indiana · 1899
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
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