Mackie v. Cairns
Court for the Trial of Impeachments and Correction of Errors
These were cross appeals from a decree of the Court of Chancery. The facts are stated in 1 Hopkins’ Ch. Rep. 373 to 386, S. C. The prominent facts of the case, will also be found stated in the opinions delivered by Sutherland, J. and Golden, Senator, in this Court.
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These were cross appeals from a decree of the Court of Chancery. The facts are stated in 1 Hopkins’ Ch. Rep. 373 to 386, S. C. The prominent facts of the case, will also be found stated in the opinions delivered by Sutherland, J. and Golden, Senator, in this Court. Sanford, Chancellor, now assigned his reasons for the decree, as in 1 Hopkins’ Ch. Rep. 393 to 408, S. C. The decree appealed from was, in substance, that the judgment confessed by Cairns to Sedgwick and Lord, was not fraudulent or void, as against Mackie, Milne and Lock-hart, junior judgment creditors of Cairns; but that the…
1Opinion of the CourtSutherland, J.
The Chancellor, by his decree of the 7 J . 9th of March, 1825, decided that the general assignment or conveyance from Cairns, Sedgwick and Lord, made on the 18th of April, 1823, was void mail its parts in consequence of the trust or provision contained in it, of $2000 per annum for the benefit or support of the grantor. But he held the judgment confessed by Cairns to^Sedgwick and Lord on the 1st of August, 1823, to be valid; and that by reason of its priority to the judgment of Mackie and others against Cairns, Sedgwick and Lord were entitled to the fund in controversy. From the first part of…
2Cases cited4 opinions
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Osborne v. MossNew York Supreme Court · 1810
- Murray v. RiggsCourt for the Trial of Impeachments and Correction of Errors · 1818
- Austin v. BellNew York Supreme Court · 1823
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- Young v. . HeermansNew York Court of Appeals · 1876
- Knower v. Central National BankNew York Court of Appeals · 1891
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