Ellsworth v. Cook
New York Court of Chancery
This was an application to dissolve an injunction upon the matter of the bill only. The complainant was a judgment creditor of T. Cook, previous to the sale of the real estate of the wife of the latter, under a decree of this court n the nature of a decree in partition • and the object of the bill was to reach the husband’s interest in the proceeds of the sale, which were in the hands of the complainant, as the solicitor and guardian ad litem of Cook and wife in the suit in…
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This was an application to dissolve an injunction upon the matter of the bill only. The complainant was a judgment creditor of T. Cook, previous to the sale of the real estate of the wife of the latter, under a decree of this court n the nature of a decree in partition • and the object of the bill was to reach the husband’s interest in the proceeds of the sale, which were in the hands of the complainant, as the solicitor and guardian ad litem of Cook and wife in the suit in which that sale had taken place. The injunction restrained the defendants from proceeding, upon a petition to the…
1Opinion of the Court
The Chancellor.
This is not an ordinary creditor’s bill to reach the equitable interest of the husband in this fund, after the return of an execution at law unsatisfied ; as it contains none of the averments required by the rules of this court to be inserted in such bills. The whole equity of the bill, therefore, depends upon the fact that the complainant had a legal lien upon the husband’s interest in the real estate of his wife previous to the sale under the decree ; and that the effect of the sale was to transfer the lien of the judgment from the husband’s legal estate in the land to his…
2Cited by17 opinions
- Buckley v. BuckleyNew York Supreme Court · 1850
- Billings v. BakerNew York Supreme Court · 1858
- Ferguson v. . TweedyNew York Court of Appeals · 1871
- Westcott v. MillerWisconsin Supreme Court · 1877
- Stewart v. RossMississippi Supreme Court · 1874
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