Speiglemyer v. Crawford
New York Court of Chancery
This was an application to appoint a receiver of the| property and effects of the defendant, upon a creditor’s bill founded upon a decree of this court, after an execution had been issued upon such decree and the sheriff had returned such execution unsatisfied.
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This was an application to appoint a receiver of the| property and effects of the defendant, upon a creditor’s bill founded upon a decree of this court, after an execution had been issued upon such decree and the sheriff had returned such execution unsatisfied. From the petition and bill in this suit, upon which the application was founded, it appeared that the complainant’s intestate formerly had an equitable lien, for a debt, upon certain real estate ; which real estate the present defendant, C. Crawford, afterwards sold and conveyed to C. Tripp with warranty. Subsequent to such sale the…
1Opinion of the Court
The Chancellor.
The bill in this cause, as well as the decree in the original suit, in which the. defendant and Tripp 'wpre both parties, shows that C. Crawford is primarily liable for the payment of the debt and costs decreed to be paid to the complainant. And this court has already decided that a creditor by decree in chanóery is entitled to the same relief against the equitable interests' and other property of his debtor, upon the return of an execution unsatisfied, as a creditor by a judgment at law. (Clarkson v. DePeyster, 3 Paige’s Rep. 320.) Neither is there any thing in the defendant’s…
2Cited by15 opinions
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Townsend v. . WhitneyNew York Court of Appeals · 1878
- Graham v. PancoastSupreme Court of Pennsylvania · 1858
- Zook v. ClemmerIndiana Supreme Court · 1873
- German American Savings Bank v. FritzWisconsin Supreme Court · 1887
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