Evertson v. Appeal

Court for the Trial of Impeachments and Correction of Errors

Evertson v. Appeal

1 Lock. Rev. Cas. 382

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedJuly 1, 1799

StatusPublished

This text of 1 Lock. Rev. Cas. 382 (Evertson v. Appeal) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evertson v. Appeal, 1 Lock. Rev. Cas. 382 (N.Y. Super. Ct. 1799).

Pincite

Opinion

In this case the Court of Errors held, that where a creditor has a lien on two funds, out of which he can satisfy his debt, and a subsequent creditor has a lien on one of them only, the first creditor must resort to the fund which the second creditor can not touch, in order that the second creditor may avail himself of his only security, provided it can be done without injury to the prior creditor, or impairing his rights.

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In this case the Court of Errors held, that where a creditor has a lien on two funds, out of which he can satisfy his debt, and a subsequent creditor has a lien on one of them only, the first creditor must resort to the fund which the second creditor can not touch, in order that the second creditor may avail himself of his only security, provided it can be done without injury to the prior creditor, or impairing his rights.

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Bluebook (online)

1 Lock. Rev. Cas. 382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evertson-v-appeal-nycterr-1799.