Parsons v. Bowne
New York Court of Chancery
Tras case came before the chancellor upon demurrer to the complainant’s bill. The complainant was a specialty creditor of Robert L. Bowne deceased, for the balance due upon a bond and mortgage executed by the latter, to the amount of about $19,000, and for interest thereon from October, 1827, when the mortgaged premises were sold under a decree of foreclosure against the heirs at law and judgment creditors of the decedent.
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Tras case came before the chancellor upon demurrer to the complainant’s bill. The complainant was a specialty creditor of Robert L. Bowne deceased, for the balance due upon a bond and mortgage executed by the latter, to the amount of about $19,000, and for interest thereon from October, 1827, when the mortgaged premises were sold under a decree of foreclosure against the heirs at law and judgment creditors of the decedent. The bill in this cause was filed previous to May, 1837, against the surviving children and heirs of the decedent and the children and heirs of one of his sons who died…
1Opinion of the Court
The Chancellor.
The demurrers in this case being general, both as to discovery and relief, they must be overruled if the complainant is entitled to any discovery or relief which is asked for in his bill, or to any relief which may be granted him under the general prayer. The objection that the complainant cannot come into this court, for the purpose of obtaining satisfaction of his debt out of the real estate of his deceased debtor in the hands of the heirs at law, until he has obtained a judgment for his debt and had an execution thereon returned unsatisfied, is wholly unfounded. Neither is…
2Cited by9 opinions
- Dodge v. . StevensNew York Court of Appeals · 1883
- Glenney v. StedwellNew York Court of Appeals · 1876
- Harris v. YoumanNew York Court of Chancery · 1839
- Read v. . PattersonNew York Court of Appeals · 1892
- Fisk v. JeneweinWisconsin Supreme Court · 1889
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