Legal Opinion

Mead v. Merritt & Peck

New York Court of Chancery

Decided April 19, 1831PublishedCited by 38 opinions

S. Sherwood, who died in the state of Connecticut, was indebted to the defendant Peck; who afterwards transferred the demand to Merritt, in security for a debt due to the latter. After the death of Sherwood, the complainant, as his executor, obtained letters testamentary on his estate, before the court of probate in that state. He subsequently obtained from the same court an order for the sale of the testator’s real estate, in Connecticut, for the payment of his debts.

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S. Sherwood, who died in the state of Connecticut, was indebted to the defendant Peck; who afterwards transferred the demand to Merritt, in security for a debt due to the latter. After the death of Sherwood, the complainant, as his executor, obtained letters testamentary on his estate, before the court of probate in that state. He subsequently obtained from the same court an order for the sale of the testator’s real estate, in Connecticut, for the payment of his debts. He also executed a bond with security according to the laws of that state for the faithful execution of his trust, and…

1Opinion of the Court

The Chancellor.

Where a party is within the jurisdiction of this court, so that on a bill properly filed here, this court has jurisdiction of his person, although the subject matter of the suit may be situated elsewhere, it may, by the ordinary process of injunction and attachment for contempt, compel him to desist from commencing a suit at law, either in this state or any foreign jurisdiction. And it may, in the same manner, compel him to execute a conveyance, or release, in such form as may be necessary to transfer the legal title to the property according to the laws of the country where…

2Cases cited1 opinion

  1. Diggs v. WolcottSupreme Court of the United States · 1807

3Cited by38 opinions

  1. Cole v. CunninghamSupreme Court of the United States · 1890
  2. Gardner v. . OgdenNew York Court of Appeals · 1860
  3. Newton v. . BronsonNew York Court of Appeals · 1856
  4. Nashville, C. & St. L. Ry. Co. v. McConnellU.S. Circuit Court for the District of Middle Tennessee · 1897
  5. Guggenheim v. . WahlNew York Court of Appeals · 1911

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