Blake v. Bigelow
Supreme Court of Georgia
Bill and demurrer, tried before Judge Floyd, in Bibb Superior ■Court, July Term, 1848. This was a hill in Equity, at the instance of Bigelow and others, judgment creditors of Blake, for the purpose of subjecting certain trust property, filed in the Court below against said Blake, and Nathan H. Beal, and Samuel R. Blake, as trustees of Blake and wife, under articles of marriage settlement, for which see 3 Kelly’s R. 345. The bill set forth the marriage settlement, and charged…
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Bill and demurrer, tried before Judge Floyd, in Bibb Superior ■Court, July Term, 1848. This was a hill in Equity, at the instance of Bigelow and others, judgment creditors of Blake, for the purpose of subjecting certain trust property, filed in the Court below against said Blake, and Nathan H. Beal, and Samuel R. Blake, as trustees of Blake and wife, under articles of marriage settlement, for which see 3 Kelly’s R. 345. The bill set forth the marriage settlement, and charged that it conveyed to Edmund Blake, such an interest as that their judgment hens, either in Law or Equity, attached to…
1Opinion of the Court
*438 By the Court.
Warner, J.
delivering the opinion.
In Blake vs. Irwin, 3 Kelly, 345, we held the interest which Edmund Blake took under this marriage contract, was not liable to be seized and sold by the sheriff, under an execution at Law, and could only be reached by his creditors in a Count of Equity. The complainants, as judgment creditors, have now filed their bill to subject this equitable interest to the payment of the judgments. It appears, on the face of the bill, that Blake has obtained his certificate of bankruptcy, since the rendition of the judgments against him. The defendants…
2Cases cited1 opinion
- Hendricks v. RobinsonNew York Court of Chancery · 1817
3Cited by1 opinion
- Sosnowski v. RapeSupreme Court of Georgia · 1882