Pierce v. Alsop
New York Court of Chancery
This was ail appeal from, a decree of the late vice chancellor of the third circuit, allowing a demurrer, and dismissing the bill of the complainant, .with costs. Gilbert Devoe died in September, 1834, intestate, leaving his father C. Devoe his heir at law; to whom all the real estate of the decedent descended, subject to the payment of his debts.
Read the full summary
This was ail appeal from, a decree of the late vice chancellor of the third circuit, allowing a demurrer, and dismissing the bill of the complainant, .with costs. Gilbert Devoe died in September, 1834, intestate, leaving his father C. Devoe his heir at law; to whom all the real estate of the decedent descended, subject to the payment of his debts. The decedent was indebted to C. & I. T. Storms more than $20,000, they being his principal creditors; and his personal property was wholly insufficient to pay his debts. In January, 1837, the defendant J. W. AIsop jr. recovered a judgment against C.…
1Opinion of the Court
The Chancellor.
The decision of the vice chancellor in this case is unquestionably right. And if the complainant, or those through whom he derived his title to the premises in question, have any remedy, it must be in the character of creditors of G. Devoe, the intestate, and by means of an order of sale to be made by the surrogate. Only about one half of the debt of C. & J. T. Storms was extinguished by the conveyance to C. Storms; and if there was no other property belonging to the intestate, to satisfy the residue of the debt, the surrogate ^probably has the power to direct a sale of the lot…
2Cited by7 opinions
- Bacon v. . CropseyNew York Court of Appeals · 1852
- Taylor v. MorganIndiana Supreme Court · 1882
- Jaffray v. SaussmanNew York Supreme Court · 1889
- In re Topping's EstateNew York Supreme Court · 1891
- Elliott v. HartMichigan Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.