Purdy v. Doyle
New York Court of Chancery
This was a creditor’s bill, against the heirs and personal representatives of Dennis Doyle deceased, and was filed in April, 1827; and an injunction obtained restraining the defendants from disposing of or intermeddling with the estate of the intestate, or the proceeds thereof.
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This was a creditor’s bill, against the heirs and personal representatives of Dennis Doyle deceased, and was filed in April, 1827; and an injunction obtained restraining the defendants from disposing of or intermeddling with the estate of the intestate, or the proceeds thereof. After the service of this injunction, O’Connor, one of the administrators, who held a note against the intestate, brought a suit thereon against the infant heirs of Doyle, in the New York Common Pleas. The writ was served upon three out of the five heirs. John Doe, a fictitious person, was appointed the guardian ad…
1Opinion of the Court
The Chancellor :—The first question presented in this case is whether the fund in court is either legal or equitable assets. If it is such property as the judgment creditors could obtain a specific or general lien on at law, they are entitled to the fruits of their superior vigilance so far as they have succeeded in getting such lien. But if the property was in such a situation that it could not be reached by a judgment at law, and the fund is raised by a decree of this court, and *the creditors are obliged to come here to avail themselves of it, they will be paid upon the footing of equality…
2Cases cited3 opinions
- Wilder v. KeelerNew York Court of Chancery · 1831
- Codwise v. GelstonCourt for the Trial of Impeachments and Correction of Errors · 1812
- Jackson ex dem. Potan v. HoagNew York Supreme Court · 1810
3Cited by19 opinions
- Freedman's Savings & Trust Co. v. EarleSupreme Court of the United States · 1884
- Gould v. HaydenIndiana Supreme Court · 1878
- Averill v. LoucksNew York Supreme Court · 1849
- In re Estes & CarterDistrict Court, D. Oregon · 1880
- Springs v. Pharr.Supreme Court of North Carolina · 1902
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