Burns v. Morse

Citations

• 6 Paige Ch. 108
• 1836 N.Y. LEXIS 215
• 1836 N.Y. Misc. LEXIS 94

Syllabus

<p>Where a judgment was confessed, for a debt which had not become due and payable and which was also fully secured by mortgage upon real estate, to enable the plaintiffin that judgment to sell the defendant’s personal estate on an execution, and thus to place such property beyond the reach of other creditors who were about to obtain executions against the same ; Held, that such judgment and the proceedings thereon were fraudulent and void as against the other creditors. And that upon a bill filed by a credit- or whose execution had been returned unsatisfied, to reach such property and to stay the proceedings under the fraudulent judgment, the court was authorized upon the granting of the injunction to dispense with a deposit of the amount of the judgment or security to pay the same.</p> <p>Process issued out of the mayor’s court of the city of Rochester may be tested on any day in term on which such court shall sit, and be made returnable on any other day of the same term or at the next term, in the same manner as process issued out of the courts of common pleas of the several counties.</p>