Haxtun v. Corse
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the first circuit, allowing the several demurrers, of the defendant Barney Corse, and of the executors of the will of his father, Jo seph Corse, to the supplemental bill of the complainants; and dismissing such supplemental bill, with costs.
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This was an appeal from a decree of the vice chancellor of the first circuit, allowing the several demurrers, of the defendant Barney Corse, and of the executors of the will of his father, Jo seph Corse, to the supplemental bill of the complainants; and dismissing such supplemental bill, with costs. The complainants were judgment creditors of Barney Corse, previous to the presentment of his petition in bankruptcy; and executions had been issued upon their respective judgments, and returned unsatisfied, before that time. On the third of February, 1843, the judgment debtor presented his…
1Opinion of the Court
The Chancellor.
The vice chancellor, from what is stated in his opinion, appears to have overlooked the fact that *516Israel Corse the-elder died after the decree in barikmptcy. He therefore did not examine the question whether the judgment debtor had any interest in the residuary estate of his father, either under the will of the latter, or otherwise. That point is not material so far as relates to the judgment debtor himself. For there is a distinct averment in the bill that he has property to the amount of $100 or more, independent of the claim which the complainants make to one-fourth of the…
2Cases cited1 opinion
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by45 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Post v. . HoverNew York Court of Appeals · 1865
- Phelps' v. . PondNew York Court of Appeals · 1861
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Scott v. WestWisconsin Supreme Court · 1885
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