Livingston v. Livingston
New York Supreme Court
On scire facias on a judgment docketed on the 25 th January, 1800. By the 63d section of the bankrupt law of .the United States, passed on the 25th of April, in the same year, it is enacted, “ that nothing contained in this act shall be taken or considered to invalidate, or impair, any lien existing ax the date of this act, upon the lands or chattels of any person who may have become a bankrupt.”
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On scire facias on a judgment docketed on the 25 th January, 1800. By the 63d section of the bankrupt law of .the United States, passed on the 25th of April, in the same year, it is enacted, “ that nothing contained in this act shall be taken or considered to invalidate, or impair, any lien existing ax the date of this act, upon the lands or chattels of any person who may have become a bankrupt.” In September, 1802, a commission was issued against the defendant, on which he was declared a bankrupt, and in the November following he obtained his certificate. The plaintiff did not prove his…
1Opinion of the Court
Per Guriam,
stopping Radcliff. The act of congress does not affect judgments prior to the act. The 63d section of the bankrupt law was made on purpose to uphold them. It preserves all preceding liens, and there can be no doubt but that a judgment is a lien. The case of a factor would not have been affected without the 63d section. The true *301construction of the 31st section, compared and taken in connection with the 63d, is, that it is prospective, and alludes only to future judgments. It would require express words to take a party’s pre-existing rights. Here the plaintiff never did any act…
2Cited by3 opinions
- Sorden v. GatewoodIndiana Supreme Court · 1848
- Bedford v. ShillingSupreme Court of Pennsylvania · 1818
- Downer v. BrackettDistrict Court, D. Vermont · 1842