Adsit v. . Butler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made at the November Term, 1880, which affirmed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made at the November Term, 1880, which affirmed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint. (Reported below, 23 Hun, 45.) The complaint alleged in substance the recovery of two judgments in 1875, against one Rosekrans, which were owned by plaintiff; that prior to the recovery of the judgments, said Rosekrans being the owner of certain real estate described, conveyed the same to one Blackmore, who, by the procurement…
1Opinion of the CourtMiller, J.
The right of the plaintiff to maintain this action depends upon the question whether a judgment creditor is entitled to equitable relief against the real property of a judgment debtor, which has been fraudulently conveyed, before an execution has been issued upon the judgment and an effort made to' collect the same out of the property of such debtor. As a general rule a court of equity does not interfere to enforce the payment of debts until the creditor has exhausted all the remedies known to the law to obtain satisfaction on the judgment. It is essential, in order to give the court…
2Cases cited11 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Jones v. GreenSupreme Court of the United States · 1864
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Estes v. . WilcoxNew York Court of Appeals · 1876
- Fox v. . MoyerNew York Court of Appeals · 1873
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- Wadsworth v. SchisselbauerSupreme Court of Minnesota · 1884
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