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Colt v. Fulton

1 Sarat. Ch. Sent. 45 Court Saratoga Ch. Ct. Decision date 1841-05-24 English

Contents

Majority

p. 1065
Ann Colt, Admx., etc., v. Caleb E. Fulton e t al.

Headnote

Creditors’ bill—New execution not necessary where judgment revived by scire facias in favor of personal representatives.
S. Stevens for complainant.
M. T. Reynolds for defendants.

The chancellor decided in this case that where a judgment is revived by scire facias in favor of personal representatives, it is not necessary to sue out a new execution thereon, to entitle them to file a creditors’ bill. Decree of the vice-chancellor affirmed, with costs.