Sylvester v. Reed

3 Edw. Ch. 296, 1839 N.Y. LEXIS 345, 1839 N.Y. Misc. LEXIS 38

Opinion

The Vice-Chancellor

considered 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.

Motion denied ; without costs.