Burrall v. Leslie

Citations

• 6 Paige Ch. 445
• 1837 N.Y. LEXIS 250
• 1837 N.Y. Misc. LEXIS 38

Syllabus

<p>Where the same person has been appointed receiver in several different suits, upon creditor’s bills, before the chancellor and different vice chancellors, and there are conflicting claims between the parties in the different suits as to the distribution of the fund in the hands of the receiver, the jurisdiction to decide such conflicting claims, and to direct the distribution of the fund in the hands of the receiver, belongs primarily to the judge under whose authority such receiver was first appointed.</p> <p>$n such a case, the necessary costs to ascertain the priorities of the complainants in the different suits, and of the decretal order for the distribution of the fund, were ordered to be paid first by the receiver out of the fund in his hands.</p> <p>Where the complainant’s debt, and the costs of both parties, are directed to be paid out of a particular fund, which turns out to be insufficient to pay the whole, the amounts directed to be paid to each party must be paid rateably, if there is nothing in the decree to show that a preference in payment was intended to be given to either.</p>