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5 Johns. Ch. 280

Spader v. Davis

New York Court of Chancery

Decided June 28, 1821

New York Court of Chancery · decided 1821-06-28

<p>A judgment creditor, who has issued an execution, which has been returned nulla bona, acquires a priority of right to the property of his debtor, in the hands of a trustee, and any payments made by the trustee to the debtor, after a bill filed by such judgment creditor, or after notice of such right, are in his own wrong, and of no avail against such creditor.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1821-06-28

How this case has been cited

Cited by 7 later decisions — most recently June 1899

3 state decisions

3018211830184018501860187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Chancellor said,

¶1that the plaintiffs, at the time of filing their.bill, had acquired, as execution creditors at law, a priority of right, valid in equity, to the trust moneys belonging to the defendant D., and in the hands of the defendant H., and that all payments of the same, by H. to D., subsequent to. the filing of the bill, containing notice of that *283right, and of their claim in pursuance of it, were made in his own wrong. The doctrine in the cases of Brinckerhoff v. Brown, and of M‘Dermut v. Strong, (4 Johns. Ch. Rep. 671. 687.) he considered as applying and governing the case.

¶2It was accordingly decreed, that the defendants, or one of them, within thirty days, pay to the solicitor for the plaintiffs, the 974 dollars and 72 cents, with interest, from the 29th of January, 1820, and the costs of the suit, or that execution issue, &cc. and that the sum, when received, be paid to the plaintiffs, rateably, in proportion to the amount of their judgments. y

¶3Decree accordingly.

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