Staples v. . Fairchild
New York Court of Appeals
Ejectment, brought by Staples against Fairchild, in the supremec ourt, for lands in Erie county, tried before Sill, J. hi February, 1848. The plaintiff claimed title as a purchaser at a sale made by trustees, appointed in a proceeding by attachment against one Bradley, as a non-resident debtor. The attaching creditor was Giles Sanford, on whose petition a supreme court commissioner residing in the county of Albany, in February, 1843, issued the attachment in question.
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Ejectment, brought by Staples against Fairchild, in the supremec ourt, for lands in Erie county, tried before Sill, J. hi February, 1848. The plaintiff claimed title as a purchaser at a sale made by trustees, appointed in a proceeding by attachment against one Bradley, as a non-resident debtor. The attaching creditor was Giles Sanford, on whose petition a supreme court commissioner residing in the county of Albany, in February, 1843, issued the attachment in question. On the trial, the plaintiff gave in evidence the attachment and proceedings thereunder, the appointment of trustees, and the…
1Opinion of the Court
Jewett, Ch. J.
The revised statutes (2 R. S. p. 3, §§ 1, 2, 3, 4, 5, 6,) provide for attaching the real and personal property of a debtor for the payment of his debts, in the following cases: 1. Whenever such debtor, being an inhabitant of this state shall secretly depart therefrom, with intent to defraud his creditors, or to avoid the service of civil process, or shall keep himself concealed therein, with the like intent. 2. Whenever any person not being a resident of this state, shall be indebted on a contract made within this state, or to a creditor residing within this state, although upon…
2Cases cited3 opinions
- Den v. TurnerSupreme Court of the United States · 1824
- In re BrownNew York Supreme Court · 1839
- In re HurdNew York Supreme Court · 1833
3Cited by33 opinions
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- Haggart v. . MorganNew York Court of Appeals · 1851
- In Re the Estate of KillanNew York Court of Appeals · 1902
- People Ex Rel. Kenyon v. . SutherlandNew York Court of Appeals · 1880
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