3 Sand. Ch. 191
Decided January 14, 1846
New York Court of Chancery · decided 1846-01-14
This was a judgment creditor’s suit, which was heard on the pleadings and proofs. The answer, among other things, stated that on, &c., the defendant executed and delivered to W. A. D., an assignment of all his real and personal property, except such as by law was exempt from execution, in trust for the payment of his debts ratably, The complainant objected to the reading of this deed in evidence, under the statement in the answer.
Decided 1846-01-14
¶1decided that the assignment was so far set out, or distinctly referred to, in the answer, as to enable the defendant to read it at the hearing, under the seventy-fifth rule of the court. That the answer and schedule together, stated it as a deed duly acknowledged and recorded.
¶2A decree was made for the complainant.