Niblo v. Harrison
The Superior Court of New York City
. This action, which was in the nature of a creditor’s bill, was brought by the plaintiff against George Harrison, Henry Harrison, as the Receiver of the estate and effects of the said George Harrison, Horace B. Olaflin, William H. Mellen, Hathaniel Miller, Daniel H. Oonkling and Henry Stone, the latter of whom were judgment creditors of the defendant, George Harrison.
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. This action, which was in the nature of a creditor’s bill, was brought by the plaintiff against George Harrison, Henry Harrison, as the Receiver of the estate and effects of the said George Harrison, Horace B. Olaflin, William H. Mellen, Hathaniel Miller, Daniel H. Oonkling and Henry Stone, the latter of whom were judgment creditors of the defendant, George Harrison. The complaint alleged that the plaintiff had obtained a judgment against the defendant, George Harrison, upon which some forty parcels of land in the City of Hew York, belonging to the judgment debtor, were sold by the Sheriff,…
1Opinion of the CourtBarbour, J.
As-between the plaintiff and the defendant Harrison, considering the latter as of sound mind and unembarrassed by the proceedings before the Supreme Court, the plaintiff, is* doubtless, entitled to the relief he asks for in his complaint. There is, certainly, no reason why a. judgment debtor should be permitted to receive and enjoy the rents of real estate, to the amount of thousands of dollars; after his legal estate in the premises has been divested by a sale on execution, to the exclusion of creditors whose judgments remain unsatisfied. But the question here is-, whether the defendant has…
2Cases cited4 opinions
- In re HellerNew York Court of Chancery · 1831
- Clarke v. DunhamNew York Supreme Court · 1847
- Robertson v. LainNew York Supreme Court · 1839
- Brown v. H. & E. T. BettsNew York Supreme Court · 1834
3Cited by3 opinions
- Grant v. HumbertAppellate Division of the Supreme Court of the State of New York · 1906
- In re SnowAppellate Division of the Supreme Court of the State of New York · 1937
- Wesley v. Wood, New York County Courts1911