Vredenbergh v. Morris
New York Supreme Court
The plaintiff obtained a judgment against White & Stout, which was docketed, and the roil filed, on the 22d March, 1799. On the 12th of the same month, White became insolvent; on the 23d, he assigned and conveyed in due form of law, and bona fide, all his estate, real and personal, to trustees, for the benefit of all his creditors.
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The plaintiff obtained a judgment against White & Stout, which was docketed, and the roil filed, on the 22d March, 1799. On the 12th of the same month, White became insolvent; on the 23d, he assigned and conveyed in due form of law, and bona fide, all his estate, real and personal, to trustees, for the benefit of all his creditors. At the time of docketing' the judgment, White had a leasehold estate for the term of fourteen years, in the city of New York, into which the trustees entered by virtue of the assignment to them; and which, on the 15th April, *they sold, in [*224] execution of their…
1Opinion of the Court
Lansing, Ch. J.
delivered the opinion of the court. The
determination of this question depends upon the construction of the statute of this state,; passed the 19th March, 1787. The second section provides, that no judgment shall affect any lands or tenements, as to purchasers or mortgagees, but from the time of filing the roll;. and ;the third sectiofi extends the provision to the time of docketing. These sections are transcripts of the statutes of 29 Car. II. c.13, 14, and 4 and 5 Wm. and Mary, c. 20, but the section which precedes them, subjecting all lands, tenements and real estate of debt,…
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