Keeney v. Morse

The plaintiff is a creditor of the defendant Morse on a judgment recovered in this State on which the sheriff of the county of New York has returned an execution unsatisfied. This action is brought to charge the rents, issues and profits of certain property held in trust for the defendant Morse by the defendant United States Trust Company under the last will and testament of the former’s mother. The cestui demurs on the ground that the complaint does not state facts sufficient to constitute a cause of action. After setting forth the circumstances of the recovery of the judgment, the issuance…