Bradner v. Holland
New York Supreme Court
Appeal from an interlocutory judgment, entered on a decision made at Special Term overruling demurrers to the complaint, with leave to the defendants to answer within twenty days on the payment of costs.
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Appeal from an interlocutory judgment, entered on a decision made at Special Term overruling demurrers to the complaint, with leave to the defendants to answer within twenty days on the payment of costs. The complaint charged that the plaintiffs recovered a judgment against the defendants Holland; that an execution thereon had been issued and returned unsatisfied ; that Melinda H. Butterfield died, leaving her last will and testament whereby she bequeathed to each of the defendants Holland four thousand dollars, and appointed the defendant Butterfield to be executor thereof ; that Butterfield…
1Opinion of the Court
Bradley, J.:
The plaintiffs have a judgment against' the defendants Holland. The remedy at law has been exhausted by return of execution unsatisfied. This action is in the nature of a creditor’s bill brought to reach the property of those judgment debtors not subject to levy and sale by execution. It is at least proper to join all the judgment debtors as defendants. (Child v. Brace, 4 Paige, 309; Van Cleef v. Sickles, 5 id., 505.) The fact that the property sought by the action to be reached is owned by the judgment debtors in severalty is no ground of objection. The judgment is against both…
2Cases cited10 opinions
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
- Boyd & Suydam v. Hoyt & ParselNew York Court of Chancery · 1835
- Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Bailey v. IngleeNew York Court of Chancery · 1830
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