Sidley v. Smith

New York Supreme Court

Sidley v. Smith

3 How. Pr. 68

DecidedSeptember 15, 1847

StatusPublished

This text of 3 How. Pr. 68 (Sidley v. Smith) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sidley v. Smith, 3 How. Pr. 68 (N.Y. Super. Ct. 1847).

Pincite

Opinion

Barculo, Justice.

There is uo necessity for a.bill of revivor. Sidley in his life time transferred all his interest in the decree to Davies. The representatives of the former therefore have no interest in the subject-matter of the suit. In the court of chancery the party in interest is the proper party to the record. Immediately after the assignment, Davies became entitled to be substituted as complainant. Sidley’s death has not affected the rights of Davies in that respect. The prayer of the petition must be granted, and an order entered at the foot of said decree, substituting Davies as Plaintiff, and directing the sheriff of the county of Dutchess to sell the mortgaged premises, and out of the proceeds to pay to said Davies or his solicitor, the amount remaining due on said decree, with interest and costs, and to retain the surplus, if any, until the further order of this court.

Free access — add to your briefcase to read the full text and ask questions with AI

Barculo, Justice.

There is uo necessity for a.bill of revivor. Sidley in his life time transferred all his interest in the decree to Davies. The representatives of the former therefore have no interest in the subject-matter of the suit. In the court of chancery the party in interest is the proper party to the record. Immediately after the assignment, Davies became entitled to be substituted as complainant. Sidley’s death has not affected the rights of Davies in that respect. The prayer of the petition must be granted, and an order entered at the foot of said decree, substituting Davies as Plaintiff, and directing the sheriff of the county of Dutchess to sell the mortgaged premises, and out of the proceeds to pay to said Davies or his solicitor, the amount remaining due on said decree, with interest and costs, and to retain the surplus, if any, until the further order of this court.

Cite This Page — Counsel Stack

Bluebook (online)

3 How. Pr. 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sidley-v-smith-nysupct-1847.