Legal Opinion

Gelston v. Codwise

New York Court of Chancery

Decided September 3, 1814PublishedCited by 19 opinions

THE bill gave a summary of the suits and proceedings of Codwise and others against Sands and others, of whom the plaintiff was one, and on a petition presented to this court by Gelston, the order of the courts thereon, and the decree of the court for the correction of errors, on appeal. It is unnecessary to detail the voluminous proceeding^ in these causes. The substance of them is to be found in the reports. (10 Johns.

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THE bill gave a summary of the suits and proceedings of Codwise and others against Sands and others, of whom the plaintiff was one, and on a petition presented to this court by Gelston, the order of the courts thereon, and the decree of the court for the correction of errors, on appeal. It is unnecessary to detail the voluminous proceeding^ in these causes. The substance of them is to be found in the reports. (10 Johns. Rep. 507—524.) The material facts are, that certain real estates oí Comfort Sands, a bankrupt, at Brooklyn, and in Pine and Cedar-streets, in New -York, the conveyances of…

1Opinion of the Court

The Chancellor.

This bill is founded on the decree of the court for the correction of errors, of March, 1812, (10 Johns. Rep. 523.,) which declared, that the moneys arising from the real estate of Comfort Sands, at Brooklyn, and which were then in the court of chancery, or might thereafter be brought in, after paying the costs and charges of Codwise and others, ought to be applied to pay the judgment creditors of Sands, whose judgments were docketed prior to his bankruptcy, according to priority, in preference to his other creditors. The bill accordingly calls for a discovery of the state of…

2Cited by19 opinions

  1. Dodge v. GaylordIndiana Supreme Court · 1876
  2. Matthews, Finley & Co. v. Sands & Co.Supreme Court of Alabama · 1856
  3. Seitzinger v. RidgwaySupreme Court of Pennsylvania · 1840
  4. Kirkpatrick Home for Childless Women v. KenyonAppellate Division of the Supreme Court of the State of New York · 1924
  5. Davoue v. FanningNew York Court of Chancery · 1819

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