Sexton v. Fleet
New York Court of Common Pleas
Appeal from a judgment in favor of the defendants upon a demurrer to the complaint. The case at special term was heard by Judge Daly, who sustained the demurrer in the following opinion:
1Opinion of the Court
Daly, First Judge.
The complaint is defective. It alleges that the defendant Catharine Fleet was, and still is, possessed of certain property and real estate in her own right, and as her separate estate and property, and prays that the debt, for the recovery of which the action is brought, may be decreed and declared a charge upon her property and separate estate; that the plaintiff may be paid the amount of his debt out of the same, together with his costs, and that a receiver may be appointed for that purpose; and that her separate property may be sold under the direction of the court, and…
2Cases cited2 opinions
- North American Coal Co. v. DyettNew York Court of Chancery · 1837
- Dyett v. North American Coal Co.New York Supreme Court · 1838
3Cited by3 opinions
- Riker v. CurtisAppellate Terms of the Supreme Court of New York · 1896
- Cory v. LeonardNew York Supreme Court · 1873
- Doremus v. WilliamsNew York Supreme Court · 1875