Stover v. Eycleshimer
New York Court of Appeals
Jacob Stover brought an action of partition of land, in the supreme court, against Thomas W. Clark, Jacob C. Eycleshimer, John B. Sherman' and others, and obtained a decree for sale of the premises and distribution of the proceeds.
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Jacob Stover brought an action of partition of land, in the supreme court, against Thomas W. Clark, Jacob C. Eycleshimer, John B. Sherman' and others, and obtained a decree for sale of the premises and distribution of the proceeds. The share of proceeds originally pertaining to John L. D. Eycleshimer as heir at law of his father, the common ancestor, was claimed-both by the defendant, Jacob C. Eycleshimer, as a judgment creditor of John L. D., and by John B. Shermrn as an assignee, by an assignment executed before Jacob C. recovered his judgment. John P., the father, died intestate, June…
1Opinion of the Court
By the Court.
Bocees, J.
[After stating facts].—The question then is, who had the better right, the appellant, who claimed as an attaching judgment creditor, or the respondent, who claimed as an equitable purchaser or assignee, holding the position of Caroline M. Sherman, whose rights he had acquired.
In • point of time, the latter had the priority, for at the decease of the intestate, June 10, 1861, Caroline M. Sherman held the instrument which was the basis of the respondent’s right. The warrant of attachment was not levied until August 6 thereafter.
The question is, therefore, whether the…
2Cases cited3 opinions
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Seymour v. . WilsonNew York Court of Appeals · 1859
- Milliman v. NeherNew York Supreme Court · 1855
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- Barnett v. JaspanCourt of Appeals for the Second Circuit · 1942
- Hinkle Iron Co. v. . KohnNew York Court of Appeals · 1920
- Gurnett v. Mutual Life InsuranceIllinois Supreme Court · 1934
- Hirsh v. . AuerNew York Court of Appeals · 1895
- Western Union Telegraph Co. v. ShepardNew York Court of Appeals · 1901
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