Sells v. Administrators of Hubbell
New York Court of Chancery
[ * 395 ] JOHN BEDIENT and Walter Hubbell were copartners in trade. Hubbell died in August, ] 803, intestate, leaving a widow and two children. Bedient was discharged under the insolvent act, on the 24th of October, 1807, and David R. Lambert and Wm. M Intire were his assignees.
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[ * 395 ] JOHN BEDIENT and Walter Hubbell were copartners in trade. Hubbell died in August, ] 803, intestate, leaving a widow and two children. Bedient was discharged under the insolvent act, on the 24th of October, 1807, and David R. Lambert and Wm. M Intire were his assignees. The partnership, in the lifetime of Hubbell, was indebted to John Sells, deceased, in two notes, on which separate judgments were obtained at law, against Bedient, as surviving partner, in May, 1807. On these judgments executions were issued, and returned nulla bona. In the inventory which Bedient exhibited, as…
1Opinion of the Court
The Chancellor.
[ * 397 ]
The application to vacate the order of the 13th of May last, is made on behalf of John Bedient. But provided the executions, to be issued at law, in the name of Sells, are confined (as the order of the Supreme Court, of the last term, made before this present application was made, confines them) to real property, whereof Bedient was seised between the date of the judgments and the date of his discharge under the insolvent act, he has no concern with this question. If he owned any such property, it must have passed to his assignees, *or been by him sold in the mean…
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