Sussex Trust Co. v. Bacon
Court of Chancery of Delaware
Bill by an Execution Creditor to enforce for its own benefit, in the name of its debtor, an equitable interest or claim of the debtor against two judgment co-creditors for contribution . of payments made in excess of his share of certain judgments and to set aside as invalid an assignment made by such debtor of such interest or claim to a trustee for -the benefit of certain creditors to the exclusion of other creditors. The case was héard on bill, answers and depositions.
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Bill by an Execution Creditor to enforce for its own benefit, in the name of its debtor, an equitable interest or claim of the debtor against two judgment co-creditors for contribution . of payments made in excess of his share of certain judgments and to set aside as invalid an assignment made by such debtor of such interest or claim to a trustee for -the benefit of certain creditors to the exclusion of other creditors. The case was héard on bill, answers and depositions. The facts appear in the opinion of the Chancellor.'
1Opinion of the Court
The Chancellor.
The suit is by a judgment creditor whose execution is unsatisfied and who, having exhausted his remedies at law seeks to enforce an equitable claim. There are three unpaid judgments in the Superior Court for Sussex County held by the complainant, in two of which Granville Bacon is the sole defendant, and in the third he is a co-defendant with Levin R. Bacon.
Having exhausted its efforts to enforce payment of the moneys due it by proceedings taken against the property of Granville Bacon and Levin R. Bacon, and there being no land, goods or chattels, rights or credits liable to…
2Cases cited3 opinions
- Greer v. Arlington Mills Manufacturing Co.Superior Court of Delaware · 1899
- Brown v. Wilmington abnd Brandywine Leather Co.Court of Chancery of Delaware · 1910
- Wharton v. ClementsCourt of Chancery of Delaware · 1868
3Cited by2 opinions
- Blumenthal v. BlumenthalCourt of Chancery of Delaware · 1944
- Stinson v. Edgemoor Iron Works, Inc.District Court, D. Delaware · 1944