¶1said a receiver must be granted in the usual manner; but intimated, that when an execution had-.,been returned unsatisfied, issued to the counties where the defendants resided, and another execution was out in the'fhands of a sheriff of another county, a creditor’s bill could not be filed until the return of such other execution, unless the complainants alleged in their bill, that there were some fraudulent obstructions to the collection of the debt under such execution; or that the property in such county would, in any event, be insufficient to pay the judgment debt. This bill contains both of such allegations, i. e. the original bill contains them, and a receiver must be allowed upon the supplemental bill.
1 Cl. Ch. 150
Willis v. Moore
Decided December 15, 1839
New York Court of Chancery · decided 1839-12-15
This was a creditor’s bill. It appeared that executions had been issued to the counties of Monroe and Ontario, where the defendants Moore and Hathaway respectively resided, which were returned unsatisfied. Afterwards, an execution was issued to the county of Wayne. The bill was filed to reach the equitable assets and choses in action of the defendants, and also to remove obstructions to the sale under the execution issued to Wayne county and Ontario.
Decided 1839-12-15