New York Court of Chancery, 1839

Sylvester v. Reed

Sylvester v. Reed
New York Court of Chancery · Decided March 12, 1839
3 Edw. Ch. 296; 1839 N.Y. LEXIS 345; 1839 N.Y. Misc. LEXIS 38

Counsel

Mr. Charles Edwards, for the motion., Mr. Ellingwood, contra.

Sylvester v. Reed

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.