Crockett v. Crain
Supreme Court of New Hampshire
Writ or Entry, in which the demandant claims to recover a tract of land in Walpole, of which he alleges he was seized in fee till disseized by the tenant. The tenant pleaded the general issue.
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Writ or Entry, in which the demandant claims to recover a tract of land in Walpole, of which he alleges he was seized in fee till disseized by the tenant. The tenant pleaded the general issue. The demandant claimed title to the property under a levy of execution upon a judgment recovered by him at the court of common pleas for this county, September term, 1849, against Philip Peck and William Bellows, partners under the firm of Philip Peck & Co., the action being commenced by an attachment of the demanded premises and other estate, Oct. 10, 1842. He also claimed the property under a mortgage…
1Opinion of the CourtEastman, J.
It was settled in Jarvis v. Brooks, 3 Foster 136, after a thorough examination of the question, that the *550separate creditors of a partner have a preference over the separate estate of their debtor, for the satisfaction of their debts; and that where land of one partner is set off on execution, for a debt due from the partnership, and afterwards the same land is set off on execution for a separate debt of the partner, the separate creditor of the individual partner will hold the land, and such must be regarded as the law in this State. The following among other authorities sustain that…
2Cases cited2 opinions
- Murray v. MurrayNew York Court of Chancery · 1821
- Bell v. NewmanSupreme Court of Pennsylvania · 1819
3Cited by1 opinion
- Black's AppealSupreme Court of Pennsylvania · 1863