Osborn v. Taylor
New York Court of Chancery
This was an application for an injunction to restrain the defendants from selling the complainant’s farm, on an execution against T. M’Cantie.
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This was an application for an injunction to restrain the defendants from selling the complainant’s farm, on an execution against T. M’Cantie. The bill alleged that the defendants recovered a judgment against M’Cantie in October, 1830, and that subsequently to such judgment he was discharged from all his debts, under the two-thirds act; that after his discharge, he purchased the farm in question, which the complainant had since bought from him and paid for; and that the defendants, claiming a lien upon the farm by virtue of their judgment, were proceeding to sell the same under an execution…
1Opinion of the Court
The Chancellor.
This is not a proper case for a preliminary injunction, or to allow the complainant to give security instead of paying the money. If the allegations in the bill are true, the judgment is no lien upon the complainant’s farm, unless there was fraud in obtaining the discharge and the complainant has purchased with notice of the fraud. The sale under the execution, therefore, will not divest any legal or equitable bona fide interest which the complainant has in the land. The only possible injury which he can sustain by a sale under the execution will be, to have a cloud cast upon…
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