Browning v. Bettis
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the fifth circuit appointing a receiver upon a creditor’s bill. The bill, among other things, sought to reach the compensation of the defendant Bettis, as an assistant to Garrow, the marshal of the northern district of New-York, in taking the sixth census.
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This was an appeal from an order of the vice chancellor of the fifth circuit appointing a receiver upon a creditor’s bill. The bill, among other things, sought to reach the compensation of the defendant Bettis, as an assistant to Garrow, the marshal of the northern district of New-York, in taking the sixth census. On the day for which the application for a receiver was noticed Bettis put in his answer, denying that he had any property, things in action, or equitable interests, except two promissory notes and a few articles of personal property mentioned in his answer. He also denied that…
1Opinion of the Court
The Chancellor.
From the opinion of the vice chancellor in this case, it appears probable that he was misled by the supposed admission of the counsel for the complainants, that where there was an answer by the defendant in a creditor’s bill admitting the existence of certain property, but denying that there was any other, the receiver, as a general rule, was only to take into his possession the property thus- admitted to belong to the defendant; unless, upon special cause shown, the court should order other property to be taken into the possession of the receiver for the purpose of preserving…
2Cited by22 opinions
- Blair v. MaryeSupreme Court of Virginia · 1885
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- Potter v. LowNew York Supreme Court · 1858
- In re BiersackNew York Surrogate's Court · 1916
- Singer & Talcott Stone Co. v. WheelerAppellate Court of Illinois · 1880
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