McElwain v. Willis
New York Court of Chancery
This was an appeal from a decretal order of the vice chancellor of the first circuit. The original bill was filed against the defendants Willis and Robinson, as judgment debtors, against whom an execution at law had been returned unsatisfied ; and against the defendant Yardley, and two others, who were charged with having obtained a fraudulent assignment of the property of Willis and Robinson.
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This was an appeal from a decretal order of the vice chancellor of the first circuit. The original bill was filed against the defendants Willis and Robinson, as judgment debtors, against whom an execution at law had been returned unsatisfied ; and against the defendant Yardley, and two others, who were charged with having obtained a fraudulent assignment of the property of Willis and Robinson. A few days after the filing of the bill, and before the defendants had answered the same, the complainant filed a supplemental bill, stating the recovery of a second judgment against the same defendants…
1Opinion of the Court
The Chancellor.
The objections taken by-the demurrers to the original and, supplemental bills were valid in substance. It is not alleged in the complainant’s original bill that there was any estate of Willis & Robinson which could be the subject of a sale under an execution at law, and which was protected from the operation of the execution by means of the fraudulent assignment. The only ground, therefore, on which the jurisdiction of this court could be sustained, was that the complainant’s remedy at law had been exhausted by the return of the execution unsatisfied. This being the case, the…
2Cited by7 opinions
- Forbes v. TuckermanMassachusetts Supreme Judicial Court · 1874
- Hammond v. Hudson River Iron & Machine Co.New York Supreme Court · 1855
- Chappell v. FunkCourt of Appeals of Maryland · 1882
- Clark v. DavisMichigan Court of Chancery · 1840
- Gove v. PettisNew York Court of Chancery · 1846
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