Tucker v. Condy

The opinion of the Court was delivered by

JOHNSTON, Ch.
Upon the point argued before us, (which, indeed, is not brought before us in any ground of appeal,) we *282entirely agreee with tbe Chancellor. The point argued is, that, although according to the statute, and according to all the decisions upon its construction, the assets of a deceased debtor are distributable among his creditors, with reference to the rank of their demands at the time of his death; yet that this order is to be disturbed, so as to give a preference to the first creditor who obtains judgment against the executor.

Upon such a proposition the Court cannot hesitate. It is utterly untenable.

It is ordered that the order be affirmed and the appeal dismissed.

DüNKIN, Dargan and Wardlaw, CC., concurred.

Appeal dismissed.