Stilwell v. Van Epps
New York Court of Chancery
The bill in this cause was filed by judgment creditors of H. Y. D. Yan Epps, one of the defendants, after their fi.fa. against him had been returned unsatisfied, for the purpose of reaching a fund in court alleged to have been fraudulently assigned by him to the other defendant.
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The bill in this cause was filed by judgment creditors of H. Y. D. Yan Epps, one of the defendants, after their fi.fa. against him had been returned unsatisfied, for the purpose of reaching a fund in court alleged to have been fraudulently assigned by him to the other defendant. The defendant H. Y. D. Yan Epps put in a plea setting forth the fact that, previous to the filing of the bill, the complainants had caused him to be arrested on a ca. sa., on which he still remained in custody. The cause was brought to a hearing on the plea. The complainants also presented a petition setting forth…
1Opinion of the Court
*616The Chancellor :—The complainants having taken the body of their debtor in execution, could not proceed against his property at law while he remained in custody. (Horn v. Horn, Ambl. R. 79; Jackson v. Benedict, 13 John. R. 532.) The bill filed in this court to reach the equitable assets of the debtor is merely in aid of the legal remedy, and that remedy being at an end, or at least suspended, by the voluntary act *of the complainants at the time they filed their bill, this suit cannot be sustained. The plea must, therefore, be allowed.
A supplemental bill will not aid the complainants, because…
2Cases cited2 opinions
- Roseboom v. MosherNew York Supreme Court · 1846
- Ward v. Van BokkelenNew York Court of Chancery · 1830
3Cited by5 opinions
- United States Mortgage Co. v. SperrySupreme Court of the United States · 1891
- Tappan v. EvansSuperior Court of New Hampshire · 1840
- Morrison v. MorrisonSupreme Court of New Hampshire · 1869
- Bank of Beloit v. BealeThe Superior Court of New York City · 1860
- Fassett v. TallmadgeNew York Supreme Court · 1862