Miller v. Sherry
Supreme Court of the United States
Sherry had obtained a judgment iu ejectment for some lots- and a House on them, in Illinois, against Miller, in the Circuit Court for the Northern District of that State, and this was a writ of error ,to reverse it. It appeared, on the trial below, that W. & W. Lyon Had obtained a judgment against Miller in October, 1858, and sued out a fi. fa.; on which nulla bona was' returned.
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Sherry had obtained a judgment iu ejectment for some lots- and a House on them, in Illinois, against Miller, in the Circuit Court for the Northern District of that State, and this was a writ of error ,to reverse it. It appeared, on the trial below, that W. & W. Lyon Had obtained a judgment against Miller in October, 1858, and sued out a fi. fa.; on which nulla bona was' returned. In February, 1859, they filed a, creditor’s bill against the same Miller, his wife, and. one Williams (sonfin-law of Miller), charging that Miller had, on the 6th of April, -1857, conveyed the premises now in…
1Opinion of the CourtJustice Swayne
The proceedings under the bill filed by the Lyons appear to have been, in all respects, regular. W. & W. Lyons had obtained a judgment at law and issued an execution, upon which the return of 'nulla bona was made. This laid the foundation for a creditor’s .bill, and such a bill was filed. The necessary parties were brought before the court and answered.
• The court had full jurisdiction, both as to the parties and the- property. The decree wTas regularly entered, and the sale and conveyance by the master to Bushnell were made in pursuance of it. The only objection taken to the proceedings is,…
2Cases cited4 opinions
- Corning & Norton v. WhiteNew York Court of Chancery · 1831
- Griffith v. GriffithNew York Court of Chancery · 1841
- Carr v. CallaghanCourt of Appeals of Kentucky · 1823
- Tilford & Anderson v. BurnhamCourt of Appeals of Kentucky · 1838
3Cited by88 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- Fall v. EastinSupreme Court of the United States · 1909
- Phelps v. McDonaldSupreme Court of the United States · 1879
- American Bridge Co. v. HeidelbachSupreme Court of the United States · 1877
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