Slade v. Van Vechten
New York Court of Chancery
Both parties, in this case, appealed from the decree of the assistant vice chancellor, made in this cause. The complainant appealed from so much of the decree as declared the sale under the execution a valid, legal and proper sale; and also from that part of it, which declared that the assignee was entitled to retain, out of the proceeds of the sales of the wool and cloth, the amount bid by him at the sheriff’s sale, and that the complainant was only entitled to his…
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Both parties, in this case, appealed from the decree of the assistant vice chancellor, made in this cause. The complainant appealed from so much of the decree as declared the sale under the execution a valid, legal and proper sale; and also from that part of it, which declared that the assignee was entitled to retain, out of the proceeds of the sales of the wool and cloth, the amount bid by him at the sheriff’s sale, and that the complainant was only entitled to his proportion of the proceeds of the resale of the property appropriated for the payment of the debt of McKee and Slade, after…
1Opinion of the Court
The Chancellor.
This is a complicated transaction; and
I think the decree appealed from is right, with one exception. The vice chancellor is right in supposing that the sale was legal, and that the title to the property passed to the trustee under the. sheriff’s sale. The executions were in the sheriff’s hands before the execution of the assignment, and were therefore liens upon the property, as against a mere assignment for the payment of these and other debts; that is, the sheriff was bound to proceed and sell, under the executions, unless the judgment creditors chose to withdraw their…
2Cited by32 opinions
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Abbot v. American Hard Rubber Co.New York Supreme Court · 1861
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Smith v. . FeltonNew York Court of Appeals · 1871
- Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858
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