Legal Opinion

Congden v. Lee

New York Court of Chancery

Decided March 27, 1839PublishedCited by 2 opinions

Bill by judgment creditors after execution returned unsatisfied. Motion, on the part of the complainants, that tenants of certain real estate in the city of New-York, on which the judgment was a lien, attorn and pay their rents to the receiver theretofore appointed in the cause. Also, a cross-motion, by the defendant, to dissolve or modify the injunction, so far as it affected the real estate.

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Bill by judgment creditors after execution returned unsatisfied. Motion, on the part of the complainants, that tenants of certain real estate in the city of New-York, on which the judgment was a lien, attorn and pay their rents to the receiver theretofore appointed in the cause. Also, a cross-motion, by the defendant, to dissolve or modify the injunction, so far as it affected the real estate. The motion in regard to the rents was met and opposed by answer and affidavits, showing that the complainants were informed beforehand of this real estate ; that it had been offered to them in…

1Opinion of the Court

The Vice-Chancellor :

In Edmeston v. Lyde, 1 Paige, 837, the Chancellor held it to be an established principle that every species of property belonging to a debtor could be reached and applied to the satisfaction of his debts ; and that the powers of this court are perfectly adequate to carry that principle into effect. And he remarks that the only difficulty is in deciding which of the various powers of the court is best adapted to the end; which will be most convenient and least expensive to the parties ; and that this, in a great measure, must depend upon the nature of the property to be…

2Cases cited3 opinions

  1. Stoors v. KelseyNew York Court of Chancery · 1831
  2. Pettit v. CandlerCourt for the Trial of Impeachments and Correction of Errors · 1829
  3. Le Roy v. RogersNew York Court of Chancery · 1831

3Cited by2 opinions

  1. Atwater v. HadleyU.S. Circuit Court for the District of Minnesota · 1876
  2. Creswell v. SmithCourt of Appeals of Tennessee · 1875

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