Muldoon v. Moore
Supreme Court of New Jersey
On case certified. The state of the case shows that in February, 1890, William Moore died seized of certain lands in Union county, leaving John C. Moore his sole heir at law; that on May 17th, 1892, Mary Muldoon recovered a judgment in the Union Circuit against John C. Moore as heir of William Moore, upon a debt of the latter, and that execution on the judgment was levied on the lands above mentioned; that creditors of John C. Moore had recovered judgments against him…
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On case certified. The state of the case shows that in February, 1890, William Moore died seized of certain lands in Union county, leaving John C. Moore his sole heir at law; that on May 17th, 1892, Mary Muldoon recovered a judgment in the Union Circuit against John C. Moore as heir of William Moore, upon a debt of the latter, and that execution on the judgment was levied on the lands above mentioned; that creditors of John C. Moore had recovered judgments against him whereon executions had been issued and levies made upon the same lands— the earliest of those judgments was entered March 5th,…
1Opinion of the Court
The opinion of the court was delivered by
Magie, J.
The question presented requires for its solution a determination as to when and how lands of a deceased debtor may be made to answer for his debts by means of an action against his heir at law, to whom the lands have descended.
At common law a creditor by specialty which bound the obligor and his heirs, had a right of action thereon against the heir at law of his deceased debtor. If in such an action the heir admitted assets, i. e., lands held by descent from the debtor, the only judgment permitted was a special one for the recovery of the debt…
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