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1 Sarat. Ch. Sent. 89

Sampson v. Taylor

Saratoga Chancery Court

Decided January 22, 1842

Saratoga Chancery Court · decided 1842-01-22

<p> Creditors’ MU—Will only reach property belonging to defendant when suit commenced—Mode of reaching after-acquired property—Reference to appoint receiver—Witness examined to ascertain what property defendant had when bill filed. </p>

Decided 1842-01-22

¶1Decided, in this case, that, under a creditors’ bill, the complainant can only reach the property which belonged to the defendant at the time of the commencement of the suit.orthe proceeds of the property and effects in which he then had an interest. That if he wishes to reach after-acquired property, he must file a supplemental bill; or the defendant may dispose of such property notwithstanding the injunction and the order for the appointment ,of a receiver founded on the original bill. That on a reference to appoint a receiver, the complainant has no right to examine the defendant or a witness for the purpose of sustaining the suit or for any other purpose than that of ascertaining what property the defendant had at the time of filing the bill, and which he is required to deliver to the receiver, or the avails or proceeds of such property. Motion for an attachment denied, with costs.

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