Kennedy v. Burr
New York Supreme Court
Appeal from special term, New York county. Appeal from an order denying an application to restrain the sheriff from proceeding under an execution held by his deputy in favor of the respondent Granville S. Ingraham, and to secure to the execution of the plaintiffs in this action priority in payment out of the proceeds of the debtors’ property.
1Opinion of the CourtDaniels, J.
The property of the debtors was seized under an attachment in favor of the plaintiffs in this action, on the day succeeding the completed levy under the execution in favor of Ingraham against the same defendants. The application to secure priority over that execution for the plaintiffs in this action proceeds upon the asserted fact that the proceeding was a friendly one, intended to protect the judgment debtors in the enjoyment, use, and sale of their property, and not in fact for the collection of the execution. And if that had been established to the satisfaction of the court, or could now…
2Cases cited1 opinion
- Dunderdale v. SauvestreNew York Court of Common Pleas · 1861