Schermerhorn v. Barhydt
New York Court of Chancery
This was an appeal by James Barhydt, one of the defendants, from a decretal order of the vice chancellor of the third circuit. The object of the suit was to obtain satisfaction of a bond debt of about $700 which was due to W. Adams, the complainant’s testator, from John J. Barhydt deceased, the father of the appellant, at the time of his death.
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This was an appeal by James Barhydt, one of the defendants, from a decretal order of the vice chancellor of the third circuit. The object of the suit was to obtain satisfaction of a bond debt of about $700 which was due to W. Adams, the complainant’s testator, from John J. Barhydt deceased, the father of the appellant, at the time of his death. John J. Barhydt died in December, 1813, possessed of considerable real estate, but not leaving sufficient personal property to pay his debts. He left four sons— James, Jeronimus, John S., and Henry, and two daughters— Alida Van Dyck, and Mary the wife…
1Opinion of the Court
The Chancellor.
Cases seldom occur, even in this court, where such a complication of conflicting rights and entangled equities are presented as in the one which is under consideration upon this appeal. And the difficulty of properly settling and adjusting - them in this suit is considerably increased by the provisions of the revised statutes relative to the proceedings of creditors against heirs and devisees. It is not improbable, therefore, that I may have erred in some of the conclusions at which I have arrived, as to the legal and equitable rights of the parties to this bill; as I think the…
2Cases cited2 opinions
- Mulks v. AllenNew York Supreme Court · 1834
- Jackson ex dem. Potan v. HoagNew York Supreme Court · 1810
3Cited by14 opinions
- Hauselt v. . PattersonNew York Court of Appeals · 1891
- State v. PoulinSupreme Judicial Court of Maine · 1909
- Wood v. WoodNew York Supreme Court · 1858
- Heermans v. . RobertsonNew York Court of Appeals · 1876
- Dodge v. . StevensNew York Court of Appeals · 1883
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