New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-19
LAW INTELLIGENCE.
n. v. Court Of Appeals TERM, 1865
CASES DETERMINED AND POINTS DECIDED.
Rcportcd for II, TriJpacl


Rcpor'ci for The TribBHc
CnARLEs PETERSEN AT. THH CHEMICAL BANK.
! The assignee of u foreign executor NAV maintain
an scon Ia the u this S,ta upon chose transferred
such assignee by such foreign The disability
the foreign to in does attach the
III. action but 10 the person Of the plaintiff The
title Of the foreign the If tho existing
auotir country perfect, though conferred by the law
he domicc The accepting the trust Is vested
With ,ho title to all the movable property and rights in action
which tie deceased possessed the time Of his DEATH which
title perfect against al except creditors and es,ees Of the
deceived When pi-inia deriving title through foreign
executor &C. epionrl .uor courts. there
rue Of form Of policy to exclude him. Reasons of form.
aud sDudr TO protect the nights Of creditors aud others
fesidu, within the jurisdiction where the found
hase led 70 the disability 4 foreign orr
courts. ltno objection in sait by the ss,ignee OF such
executor that the assignment, made avoid tho difficulty
arising nom the inespnciiy Of such executor to
Judgmen, Of Superior Court affirmed unanimously
MCCARTNEY ait. BosrwlcK
The enforcement OF pure trusts is one of tho ry-
pal lrd Inherent power, Of Court OF Eqxy and by force
II the sar Constitution, this power is vested in the
Supreme Court The Jurisdiction OF The Court in respect to
cdo bills. l. aufgary to the remedle Of tue creditor at
law ani only be invoked aeF performance Of the atu
tory condition that the remedies 1t law ,hs FIRST be exhausted
In y pure u,t tie party ordinarily has remedy at
4HN resort n if tHoufr Court OF Equity
Previous o the revision OF .atutos when hand va, pu
chased "a te of one with the money of another save in
ir" r,t ou,i cases tie law declared rcsutins
favor e party paying the conderlr By tue statute of
uses aud ru.i' this rule abolished aud independent
resulting ,i declared la invor Of creditors which may
be enforced Ia the ist instance in Court Of Equity where
nothing has been done omitted by tho creditors. tending 10
pair their hts aud where the design aud effect of the
la. been To- dof.ud them their remedies at law
isment below reversed. unanimously, with le.y- to
answer.l
CHARLES DINoN. Receiver. &c., usi. WILLIAM H. HAZARD
AMI WILLIAM H. HAZARD IL.
When one of two partners rctircs from business
renqni'hng to the other az his interest In Partnership
property. the cmanin. partner acquires the domiuon
as ID II had ever been hi separate property The assign.
nen being m'de in good faith the title in tho a,gnes
- hi. own private estate from any lien equity favor
Of partnership crcdo Such nss may law fully transfer
such property in payment OF hi. individual deb,s.
Judgment below all med unalimousy.l
6toRGE ". PArTEgsoy. Jr, az, jonathan BIowy and
ioe,cr G. PnELrs, Rear &C., imprd with H,RRler a. |
LUuBARD.
y court OF equity viii not relieve a party from +
he consequences or risk which lie voluntarily assumes
fhus whore patty ls notice OF tie pendcncy Of snl.
10 reach the equitable nirrs. Of judgment debtor IN lands
purchases uc lands and enters upon and improves the same
mot into equity for rcci have hi. improve
ncn ~ CHARGED The len - the decree rendered y,in,
Ae ..nd MI s.id Ina be- ..rhsl.ed By the raymeuto