Ex parte Dixon
Court of Chancery of Delaware
Distribution of Funds in Equity.—Survivency of Joint Judgment.—A decree had been made at the April Term, 1823, in a suit in equity between Joseph Wollaston and Thomas Phillips, for the payment by Phillips of the sum of $811.19. After several ineffectual proceedings for its collection, an order was made at the August Term, 1823, for the sale of certain real estate of Phillips to satisfy the decree.
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Distribution of Funds in Equity.—Survivency of Joint Judgment.—A decree had been made at the April Term, 1823, in a suit in equity between Joseph Wollaston and Thomas Phillips, for the payment by Phillips of the sum of $811.19. After several ineffectual proceedings for its collection, an order was made at the August Term, 1823, for the sale of certain real estate of Phillips to satisfy the decree. The land sold tor $10,000, being more than sufficient to satisfy Wollaston and to discharge many other of the liens upon it, but not all. On the return of the order for sale, the money was brought…
1Opinion of the Court
Ridgely, Chancellor.
It has been contended by Mr. Brinckle, that by the death of John Phillips, this judgment survived and became the debt of Thomas Phillips alone; that it ceased to be a lien on the real estate of John Phillips, .and that Dixon’s executors had no remedy at law against the representatives of John Phillips, nor against sheriff Haughey : and further, that as Dixon’s executors never recovered and could not recover the debt from the sheriff or his sureties, he has a better title in equity to receive it out of the proceeds of the real estate of Thomas Phillips, against whom the…
2Cases cited1 opinion
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
3Cited by2 opinions
- In re Andrews'Superior Court of Delaware · 1943
- First National Bank v. CrookSuperior Court of Delaware · 1933