Sylvester v. Reed

New York Court of Chancery

Sylvester v. Reed

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

CourtNew York Court of Chancery

DecidedMarch 12, 1839

StatusPublished

Cited by1 cases

This text of 3 Edw. Ch. 296 (Sylvester v. Reed) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sylvester v. Reed, 3 Edw. Ch. 296, 1839 N.Y. LEXIS 345, 1839 N.Y. Misc. LEXIS 38 (N.Y. 1839).

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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.

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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.

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Bluebook (online)

3 Edw. Ch. 296, 1839 N.Y. LEXIS 345, 1839 N.Y. Misc. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sylvester-v-reed-nychanct-1839.

Opinion

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