Seymour v. Hazard
New York Court of Chancery
THE bill, which was for a ne exeat, and sworn to, March 3, 1814, stated, that the defendant, on the 22d of October, 1813, purchased of the plaintiff a house and lot of ground in Hillsdale, for 3,300 dollars, and for which he gave the plaintiff seven promissory notes, and a mortgage on the premises to secure the payment; that possession of the premises was immediately given to the defendant; that one of the notes would become due on the 15 th of April next; that on the 20th…
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THE bill, which was for a ne exeat, and sworn to, March 3, 1814, stated, that the defendant, on the 22d of October, 1813, purchased of the plaintiff a house and lot of ground in Hillsdale, for 3,300 dollars, and for which he gave the plaintiff seven promissory notes, and a mortgage on the premises to secure the payment; that possession of the premises was immediately given to the defendant; that one of the notes would become due on the 15 th of April next; that on the 20th of January last, the defendant clandestinely left the premises, having pnt another person, a poor man, in possession ;…
1Opinion of the Court
The Chancellor.
The writ of ne exeat cannot be granted for a debt due and recoverable at law. As a general rule, it is applicable only to equitable demands. (Dicken’s Rep. 82. 154. 503. 609. Amb. 75. 2 Atk. 210. 10 Vesey, jun. 165.)
This objection applies equally to the debt of thirty dollars as to the demand on the notes; and there is a further objection to granting the writ, as it respects the notes, that none of them appear to be due; and there must be not only an equitable demand, but one in the nature of a debt actually due. (Cook v. Ravie, 6 Vesey, jun. 283.) (a)
Vide Shaftoe v. Shaftoe,…
2Cited by6 opinions
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- Rhodes v. CousinsSupreme Court of Virginia · 1828
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