Fellows v. Hoyt
Supreme Court of New Hampshire
Bill in Equity, brought by the assignee in insolvency of John II. Sullivan, to set aside a levy made by the defendant upon Sullivan’s real estate. Facts agreed. September 10,1895, the defendant brought his action against Sullivan and caused the premises to be attached. He recovered judgment November 18, 1895, sued out execution thereon, and November 20, 1895, placed it in the hands of the sheriff’, who on the same day swore in an appraiser.
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Bill in Equity, brought by the assignee in insolvency of John II. Sullivan, to set aside a levy made by the defendant upon Sullivan’s real estate. Facts agreed. September 10,1895, the defendant brought his action against Sullivan and caused the premises to be attached. He recovered judgment November 18, 1895, sued out execution thereon, and November 20, 1895, placed it in the hands of the sheriff’, who on the same day swore in an appraiser. December 7, 1895, Sullivan made a voluntary assignment in insolvency. April 4, 1896, the sheriff notified the plaintiff to appoint an appraiser, and upon…
1Opinion of the CourtCarpenter, C. J.
The levy was not avoided by the assignment in insolvency, Hurlbutt v. Currier, 68 N. H. 94; Beardsley v. Beecher, 47 Conn. 408.
“ The officer levying the execution shall cause three appraisers to be appointed, one by the creditor, one by the debtor, and one by himself. ... If the debtor, on due notice, neglects to appoint an appraiser, . . . the officer shall appoint an appraiser for him.” P. S., c. 233, ss. 2, 3. Although the creditor intended by the statute is in general the plaintiff in the execution, yet if it appears on the record that he is merely a nominal plaintiff’, or that the…
2Cases cited3 opinions
- Beardsley v. BeecherSupreme Court of Connecticut · 1879
- Johnson v. ErwineCourt of Appeals of Kentucky · 1860
- First National Bank v. Estate of WaiteSupreme Court of Vermont · 1885