New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-08-30
SUPREME CoUET-CnssssS-AvS. s.-ssfoF. J,;ies
IAg2.RAH
IMPORTANT OPINIONS.

property sj and BY The ohreD 4 The tests,cT 10 "ho ne
the properly ses psyS dbs snd legsci.s under cAn
rt,u - Toe -,es each Of tho AID ssagh'er'
.pecfc arours CT money t-c.s follows: 90 To BE- In
by executors heir Judgment mi dicia and pay
able by DE sueh and such times they Deem
ss-d nc p.a N the ..e ra,o rroport, N AID
the te,tstor had by the Will directed.
II M rS s s oa s g. S sda IL h he
these frud Invest thm nt 20 pay over The snorns
Of be eviaeuy 70 inve, the executors vii
orsou u tee times Of pay men, a. vel As 20 .e slmi y
in he manner THERETO bsters e-'ilnaied ,,.,..
s.h the proceeds Of e1.e ne question Arises whether
The vii prcross eyson Of The estate q the ;eaior and
disposition Of the ea e'ate The qae'o1 IS nc.
be distributed Il rs, teen converted into money without
~ at Of toe Necstor The tes,or have deemed nes
should be sold for the payment OF the specific
esae. given By him. I'd as 'ee,e ar. row % o. paa
p,ed for sale q the real estate or this purpose
ii hsd beer sc Grdsr the mortgage The clear intent Of
the es'ator w's 20 a'e 20 "a. executors 'ne % ~
~hc- este IoIs h chile r. Ia specified suns and AZ sacn
utilized receive the Wh.e surps sri o. make the dspo
si,a Of dire ,;ec By The viii Tsere can be A. doo th
re,6ue te paid IN re same manner, think 1t
equally Gear ,h't tsey sao1lq ree.ise such ',sid,s
after The costs ana expenses s cs'ihet 20 ~ he
rer,el for he respective parties should be paid oyer to the A
scgfcis o. b. attributed - directed N the saic VIII
L. II, natter f Re petition Il Calvin C. Billings
I>GranAN lit is sppsreni from the petitioners
exsuta,u that he lrd and ecu les which be has rot
ICE 5 DIS properly aud that De also may nave
Interest the pPsry conveyed 70 Cnsve and the sNaosa
met q receiver for benefit OF creditor the execution
Of a''lnment to an sree for TIE oenei OF al mo e.edl
him tina, may remain afer payment Of The claims
pyopf,y ard # the chSrs, Affecting The sane Properly
PASS receiver right - airy surplus therein should
should b. ihe ehsr.e citing the property Toe OBJECT
Usbe the cred % ascertain whrlet tho
d, bor has reserved any popy om bis creditors aad II me
debtor nav under appointment Of receiver he owns
property that account b. may ye e', conceal from bis
amount which othef~e coge he sPpi.d 70 he
pa,ueut of hs debts There be difficulty II tins case
IL proper statement, snd think the petoseF must 40
before be eau b. discharged under this Nstate
The application must be oenird
Maria Y. Deyn sgt. Deyin SIC Kelyey.
INGR,HAH il Under tue old system we eood
TAX poc. in equity herself srarate prop
ery Which the husband h,d IL his possession If n'eeay io
Tse .ub.equen, of is3 ard l8 recognizing aud de-
carrg the Of the wife 70 control manage ADD dPse OF
.lch separate estate Only conms these proceedings be-
half Of the wife, ghens nights by restraining tho
sb Of the husband .duce possession the 'epas Persors
q the wife If SO, see no reese for mpinE maud b
WIT who obtain husbands estate peonh
property which loaned to him in the ooacuns .
such property loaned of which the has
p.pd q member suppose the defendant, would MT have
doubted the wf sn 70 such cas- hea not the
rartuer IN tho hia aud u-dT the p ,-t ys.
properly merely that ground To hold oher~'e would he
virtually a1u The set Of 1913 and iy ia regard to married
T. all in when tie husband Lad the ~es persona
Nm I p,sp.ed TO hold ,hs. loan Of money made by
wife uueer g., cl,cum. firm Of which her husband
one Of he Farmers sDuo be recovered because they make
no n,rf On The contrary think such contract msy
procesdns II at law.
Il is cotcndcc part Of the creditor, that claim
fictitious think lie t-Tee mas found Otherwise and "a
ilat raus The claim ior moneys advanced and
which has accrued thereon and the who amount BY the
finding 4 tie eeIee 10 Justly due .
Il amt this motion 70 decide whether the form
n, most advisable obtained adsh-n: AID ii i,
eIroneo in that rpt should - o. e. sAe On o
Il furnishes grounds on which creditor could move to 'acae
the judgment
ref res tbs, McKelvey was ppr,onsy served lie himself
examined ard the testimony was Contradictory tnier sch
circuIns spc the referees fnoieg is couelu,iys
IL conclusion will merely add that apparent hst this
Of their claims. the wife has obtained the first rfs1en her
claim honesi and equity 'so should BE- poec'ed sud
there evidence VI snd Oh her part there no sond
for dpiy her u any rga she hes au acquired The motion
/. ecrltd, VITA tlo costs. 49, ~
ISGRAHtN, The purchaser OF moriesged prem-
objects 20 hr title df ctyr snd moves 70 be dhs sed
i is tl' purchase ana TO nave Tie zen pei '' ' ~
F Berau.e the owners Of ,he equity Il redemption
ut made psrr. The ia, p-eus lied win the plant
In toe Ce., 0ace 'le l Decsm br 1885, butte summons
@ On FIN. def d,nt. Lyiu 9. or ana wife mil 81
January l9. ~ the Liza NoysrbeT, 1885, Lgln2'ton and
vale CONVEY ~ mor,'.d premise 20 bor;ano aud othe but
the deed &c. recorded gntl Pa January la aud these
lkav heetoe hea that lis ndea' hl"d before ''iee Of
saec; t IT, &. IL is a,f it beeame operative N, ta
JsAulry 1885, As 70 Lisns''on and "e ben.on ss ssyr
VAN Abb, ~
Tie Couii deemed acquir. jurisdiction until the '.rr
ice oth- Sec l3 ana until served On ieh dr-dan
the action him is not commenced Sc - Tue provision "
the Sheriff l. Id only 20 the
sa tie - limitations The afneBd-n. u 1888 49, doss not
remedy the difficulty Ihs summons had been served On LIZ
uso and wiz bere the deed from Livingston 10 B.uo had
BE-. roerdea L,u amended OF 1855 would have Ap
Piled, III Doe Of 10 pendens hsd previously would nye
t.eu ed.ctuai sgait but nher before nor .r
tie amendment Of 1883 me LIS p-ndsns OF value unl tue
scton actually commenced ssai "a. d.dan. 'olfl, %
b. cted ~ amended section Of ls3 pses Plchs'
deed rec,dec tn condition IS II he were
pagy i(ha slautee- 81 Lynssn hsd been parties - the
scr ley wd have be@u affected BY me nug Of ths
roics 81 IL p-uf III re summons s@fyef upon thenL
They as rord0u pnrcnas"rs aud un,i te SUR
Inou Wa ryed Iyif so, they not included In tie
drser. ptl,u on qlfut nsIts.s.
S,cgad TIE lion ,he prof Of service cf the 81 mons
BY GER N Sheriff Il Wssteecster, q service m the
Civ Of NV Yo bad TIE sbenH Il Wesehesser had no
rtnor.y Of u ms county, and ms e-rthc.S
therefor. bu; this difficulty can D. remedied By
Cling !. isyis s.ryire faar
Third Ia- should nsye been signed 81 ne p2ntln
or hi. a,t 80 II. the printed o the attorney
u lily Az the copy .ersed correct the plsilIa might
also nj ~ properly az asd rgrc pro tune -
Fogrtb The I,paark appes 20 The comp s; on BE- as
we. plAce. Thy Ca Be eHedfd oa ap
pcafiou 20 the Court - .,
For OF the opinion. that %. as
p.r,ct and ia. the laser sad lot D. compelled 2"
p-te his purchase.
T motion rlan.sd dishaTEe the purchaser from
dfree- 90 the 10 cent aud
The psn-f pey hin cuss-l tee and rs di'
baI.saen.s examining the titei VA tV costs o. mn1n