James v. Hubbard
New York Court of Chancery
On the 4th of December, 1815, Jacob Tuckerman gave to the defendant Hubbard, a bond and warrant to secure the payment of $1,020 and interest; on which a judgment was entered in the Supreme Court on the 15th of the same month. And by a written agreement of Tuckerman, the execution "was to be issued at any time, without the necessity of reviving the judgment by scire facias.
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On the 4th of December, 1815, Jacob Tuckerman gave to the defendant Hubbard, a bond and warrant to secure the payment of $1,020 and interest; on which a judgment was entered in the Supreme Court on the 15th of the same month. And by a written agreement of Tuckerman, the execution "was to be issued at any time, without the necessity of reviving the judgment by scire facias. On the 25th of December, 1816, a part of the lands of Tuckerman, which were subject to the lien of the judgment, were sold by him to George Dudley; and the complainant after-wards obtained title to the same by purchase…
1Opinion of the Court
The Chancellor :—The charge of fraud made against the defendant Hubbard, is fully met and disposed of by the answer and proofs. It is also denied in the answer, that Tuckerman had any lands in Willsborough or Denmark which were subject to the lien of the judgment, and no evidence is adduced to support that allegation in the bill. The situation of the Bridgewater lands is also fully explained in the answer.' If there had been other lands in the counties of Oneida, Lewis or Essex, or even in the county of Madison, which were subject to the lien of this judgment, it could have made no difference…
2Cases cited3 opinions
- Halsey v. ReedNew York Court of Chancery · 1842
- Evertson v. BoothNew York Supreme Court · 1822
- Ayres v. HustedSupreme Court of Connecticut · 1843
3Cited by23 opinions
- Ingalls and Stockman v. . MorganNew York Court of Appeals · 1854
- Iglehart v. WessonIllinois Supreme Court · 1866
- Keirsted v. AveryNew York Court of Chancery · 1832
- Craigmiles v. GambleSupreme Court of Georgia · 1890
- Fassett v. MulockSupreme Court of Colorado · 1880
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