Farnham v. Campbell
New York Court of Chancery
This was an appeal from so much of the order of the vice chancellor of the first circuit, appointing a receiver upon a creditor’s bill, as reserved to the defendant the use and rents and profits of all his real estate during the fifteen months allowed by law to redeem such real estate from a sale by the sheriff upon execution. The complainant is entitled to all the property of the defendant, (except such as is exempt from execution,) which cannot be reached by execution.
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This was an appeal from so much of the order of the vice chancellor of the first circuit, appointing a receiver upon a creditor’s bill, as reserved to the defendant the use and rents and profits of all his real estate during the fifteen months allowed by law to redeem such real estate from a sale by the sheriff upon execution. The complainant is entitled to all the property of the defendant, (except such as is exempt from execution,) which cannot be reached by execution. This right includes the rents and profits of land for the fifteen months subsequent to the sale, thereof under an execution…
1Opinion of the Court
The Chancellor.
The reason why no opinion was expressed by this court, upon the question now under consideration, in the case of the Albany City Bank v. Schermerhorn, (9 Paige’s Rep. 379,) was not because I had any doubts on the subject, but because the question did not *600arise upon the proceedings then before me. The object of the legislature, in giving to the owner of real estate sold on execution the right to redeem the same within a limited time, was not to give to an insolvent debtor the rents and profits of his property during fifteen months, to the prejudice of the just rights of his…
2Cases cited1 opinion
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by24 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Schreiber v. CareyWisconsin Supreme Court · 1880
- Strong v. SkinnerNew York Supreme Court · 1848
- Rich v. BakerNew York Supreme Court · 1846
- Smith v. ShaverSupreme Court of Kansas · 1923
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