Public-domain · open source
OpenJurist

3 Edw. Ch. 296

Sylvester v. Reed

New York Court of Chancery

Decided March 12, 1839

New York Court of Chancery · decided 1839-03-12

Judgment obtained, and bill filed thereon during the life of the debtor ; the suit was revived against his administrator and administratrix; and a motion was now made for a receiver of the estate and effects of which he died seised or of so much as the bill covered at the time it was filed and the injunction issued.

Decided 1839-03-12

The Vice-Chancellor

¶1considered that he could not grant the motion, as the property of the deceased debtor would have to be disposed of in the due course of administration, according to the statute, and the judgment debtor must come in under that statute. He considered that the priority which the complainant might have gained by the filing of his bill, died with the party ; and it was useless to revive a suit in such a case.

¶2Motion denied ; without costs.

/3/edwch/296 · .json · Public domain