Legal Opinion

Fenton v. Flagg

New York Supreme Court

Decided May 15, 1861PublishedCited by 2 opinions

Appeal from order appointing a receiver in proceedings supplementary to execution.

1Opinion of the Court

By the court, Marvin, P. J.

It appeared from the examination of the defendant that he owns and is in possession of 1,000 or 1,100 acres of land in Cattaraugus county, worth about $10 an acre, incumbered by a mortgage to one Dow of $2,100, and a judgment in favor of the plaintiff of $3,100, and perhaps some'$400 or $500 of interest, &c., besides the judgment upon which the proceedings in question are had. This judgment was for $1,514.81, a portion of which, by stipulation, was not due; the amount due, and to collect which the execution ivas issued, was $514.81, and interest from July 5, 3 860.…

2Cases cited3 opinions

  1. EXECUTORS OF McDONOGH v. MURDOCHSupreme Court of the United States · 1854
  2. Child v. BraceNew York Court of Chancery · 1834
  3. Reed v. WheatonNew York Court of Chancery · 1839

3Cited by2 opinions

  1. Flint v. WebbSupreme Court of Minnesota · 1878
  2. Eleventh Ward Bank v. HeatherAppellate Terms of the Supreme Court of New York · 1897

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