Alcott v. Avery
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the eighth circuit. The hill in this cause was filed to foreclose a mortgage; and the proceeds of the sale of the mortgaged premises being insufficient to pay the debt and costs, the complainants obtained the usual decree, for the payment of the deficiency, against Avery and Patterson, two of the defendants, who were personally liable for the debt secured by the mortgage.
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This was an appeal from an order of the vice chancellor of the eighth circuit. The hill in this cause was filed to foreclose a mortgage; and the proceeds of the sale of the mortgaged premises being insufficient to pay the debt and costs, the complainants obtained the usual decree, for the payment of the deficiency, against Avery and Patterson, two of the defendants, who were personally liable for the debt secured by the mortgage. Subsequently to the entry and docketing this decree for the deficiency, Avery applied for and obtained a discharge under the bankrupt act of 1841; which discharge…
1Opinion of the Court
The Chancellor.
The regularity of the proceedings of Avery, to obtain his discharge under the bankrupt law, are not called in question in this case. It would therefore be a matter of course to set aside the execution, as to the property acquired by him subsequent to the decree in bankruptcy, were it not for the alleged fraud in those proceedings. The fourth section of the bankrupt act of 1841, makes the discharge, or certificate, when duly granted, a full and complete discharge of all debts which are provable under that act, unless it is impeached for some fraud or wilful concealment of his…
2Cases cited4 opinions
- Baker v. Judges of Ulster Common PleasNew York Supreme Court · 1809
- Hunt v. BrooksNew York Supreme Court · 1820
- Desobry v. MorangeNew York Supreme Court · 1820
- Tombeckbee Bank v. StrattonNew York Supreme Court · 1831
3Cited by4 opinions
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
- Imlay v. CarpentierCalifornia Supreme Court · 1859
- West Philadelphia Bank v. . GerryNew York Court of Appeals · 1887
- Rudge v. RundleNew York Supreme Court · 1873