May v. Bryan
May v. Bryan
Opinion of the Court
delivered the opinion of the Court:
This appeal presents some rather remarkable features. It is the third appeal that has been brought into this court, resulting from an effort on the part of a judgment creditor
The original bill by the judgment creditor was filed against the judgment debtor, William May, on the 5th of November, 1895. That bill was subsequently amended, so as to meet the exigencies of the case. The filing of'the bill, and the notification issued for appearance thereto, created a lien on the equitable estate or assets of the judgment debtor, described in the bill and the amendments thereto; and no subsequent disposition of that estate or those assets could displace or-defeat that lien. Freedman’s Sav. & Trust Co. v. Earle, 110 U. S. 710, 716; Edmeston v. Lyde, 1 Paige, 637-640; Beck v. Burdett, 1 Paige, 309; Davidson v. Burke, 143 Ill. 148; Newdigate v. Jacobs, 9 Dana, 17; Stix v. Chaytor, 55 Ark. 122; Bridgman v. McKissick, 15 Iowa, 260; Cincinnati v.
After the first appeal to this court the original bill was amended, and the trustees under the will of the late Dr. John F. May, deceased, were made parties. After this, the case was brought on to hearing in the court below; and upon reference to the auditor, and a report and statement of account by that officer duly made and filed, whereby the distributive share of the rents and profits of the estate in the hands of the trustees, down to October 1, 1899, due to William May, the judgment debtor, was shown to be $1,451.26, subject to his debts. This fund thus ascertained to be due the judgment debtor, was certainly the most appropriate fund out of which the small judgment due the complainant should be paid, and especially so, to avoid the necessity for the sale of the undivided interest of the judgment debtor, in the corpus of the real estate in the hands of the trustees. The decree of the 5th of January, 1900, was passed authorizing the sale of the undivided interest of the judgment debtor in the real estate of which Dr. John F. May died seized and possessed, then in the bauds of the trustees under the will of the deceased, in the event that the amount of the judgment was not paid within a specified time. But in that decree there was a distinct clause, that 'in case the defendants, the trustees, should pay the amount of the judgment, interest and costs, as thereinbefore provided, from the amount of the rents and income in their hands, they should have credit therefor in any accounting between them as trustees, and the said defendant William May. It was from this decree that William May, the judgment debtor, alone appealed to this court. The trustees did not a,ppeal, and the time has long since elapsed within which they could appeal. It was therefore justly assumed that they were content to abide by the decree of the court
Upon the mandate of this court going down to the court below, the plaintiff, the present appellee, filed an application for a rule upon the trustees to show cause why they should not pay the judgment out of the funds shown to be in their hands as the share or proportion of the rents and profits of the trust estate distributable to William May, the judgment debtor. The rule was laid, and the trustees answered. In their answer they set up a claim made by Mrs. Learned, by virtue of the mortgage to her of indemnification for becoming responsible as surety on the appeal bond of William May; and also set up claims of other children of the deceased, Dr. John F. May, on account of indebtedness to them for balance of trust funds, for which, as one of the original trustees, William May remained accountable. But no amounts are specified, nor is it pretended or suggested that the interest of William May in the trust estate is not greatly more than sufficient to meet all such demands, over and above the amount of the judgment due the appellee.
The court below, deeming the answer of the trustees insufficient, on the 6th of August, 1900, ordered and decreed that the trustees should pay forthwith, the amount of the judgment against William May, in favor of the complainant, with interest and costs, as recovered by the complainant, and declared to be due and owing by the decree of the 5th of January, 1900. It is from this order that the present appeal is taken by the trustees.
We may say in this case, as we said on the former appeal, there is no merit whatever in the grounds urged in support of this protracted litigation; and clearly nothing is shown to require the reversal of the order appealed from by the trustees.
In the course of the argument at bar of this case, it was disclosed that there had been a settlement or compromise
Under this settlement or compromise, therefore, Mrs. Learned has no further claim upon this sum of $1,541.66, the share of the rents and income of the trust estate distributable to William May. Nor can the trustees make any application or distribution of that fund that will operate to defeat, or to the prejudice of the lien secured
We think the order appealed from was correct, and must therefore be affirmed with costs; and it is so ordered.
Order affirmed.
Reference
- Full Case Name
- MAY v. BRYAN
- Status
- Published
- Syllabus
- Judgment Creditors’ Suits ; Riens. 1. The filing of a judgment creditor’s bill and the issue of process thereunder, creates a lien upon the equitablelestate or assets of the judgment debtor described in the bill, which can not be defeated by any subsequent disposition of such estate or assets. 2. A decree in a judgment creditor's suit, directing the payment by trustees of the amount of the judgment, out of the distributive share of the judgment debtor in rents and profits of the trust estate in their hands at the time the bill was filed, affirmed.