Opinion

Wintringham v. Wintringham

  • 20 Johns. 296
Court
New York Supreme Court
Filed
Oct 15, 1822
Status
Published
Cited by
5 cases
Authority
More cited than 83.4%

The opinion

Per Curiam.

The application here is in behalf of a creditor at large, not a judgment creditor. In Frazier v. Frazier, according to our recollection, the motion was in behalf of a judgment creditor. The case of Wiggins v. Armstrong, is analogous ; and the Chancellor, after examining all the cases, refused to grant the party relief, until he had completed his title at law, by judgment and execution. The power exercised by this Court, in staying executions and setting aside judgments, on the ground of fraud, is an equitable power; and if a Court of Chancery will not grant relief, except in favour of a judgment creditor, a fortiori, a Court of law cannot.

Motion denied. (b)

Vide Hendricks v. Robinson, ( 2 Johns. Ch. Rep. 283 .) Brinkerhoff v. Brown, Williams v. Brown, and M‘Dermutt v. Strong, ( 4 Johns. Ch. Rep. 671 . 682. 687.) Spader v. Davis, ( 5 Johns. Ch. Rep. 280 .) Brinkerhoff v. Marvin, (Id. 320.)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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