Prentiss v. Bowden
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by George Lewis Prentiss, as general guardian, against Ellen Bowden. There was a judgment in favor of plaintiff, and ■defendant appeals. Reversed.
1Opinion of the CourtSedgwick, C. J.
The action was in the nature of a creditors’ bill, designed to reach real property that had been conveyed by the debtor to the defendant. The plaintiff, in order to succeed in the action, had to prove that an execution had been issued against the debtor’s property, and had been returned unsatisfied. Adsit v. Butler, 87 N. Y. 585. An execution had been issued and returned, but it was void. It had been levied on the day of the -debtor’s death, and about five hours after his death. Section 1380, Code Civ. Proc., forbids that being done. Wallace v. Swinton, 64 N. Y. 188. The counsel for…
2Cases cited2 opinions
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Wallace v. . SwintonNew York Court of Appeals · 1876
3Cited by3 opinions
- Wallace v. Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Losee v. Dolan, New York County Courts1902
- Wallace v. Syracuse, B. & N. Y. RailroadAppellate Division of the Supreme Court of the State of New York · 1898