Shaw v. . Dwight
New York Court of Appeals
Appeal from the Supreme Court, where judgment had been given directing the cancellation of certain judgments, after the trial of an issue in respect to their having been paid. The • plaintiff and the defendant in such j udgments were both defendants in this action. The appeal was by the plaintiff in those judgments. The facts are sufficiently stated in the following opinions.
1Dissent
Marvin, J.,
(dissenting.) When property is subject to an execution, and a fraudulent obstruction is interposed to prevent the sale, a judgment creditor may have his action to remove the obstruction, as soon as he has obtained a specific lien upon the property, by the issuing of his execution; and the obstruction being removed, he may proceed to enforce the execution by the sale of the property, although, as Chancellor Walwobth says, an actual levy is probably necessary to enable him to hold the property against other execution creditors or bona fide purchasers. (Beck v. Burdett, 1 Paige, 305.)…
2Cases cited11 opinions
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Beck v. BurdettNew York Court of Chancery · 1829
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
- Apthorp v. ComstockNew York Court of Chancery · 1829
- Clarkson v. De PeysterNew York Court of Chancery · 1831
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