New York Court of Appeals

Meech and Another v. . Allen.

June 5, 185817 N.Y. 300

Summary

The Court affirmed the lower court's judgment, holding that a junior judgment lien for an individual debt of a surviving partner does not outrank an earlier judgment lien for a partnership debt on the survivor's individual real estate. Equity will not supersede the legal priority of the partnership creditor’s lien. The complaint was deemed insufficient because it failed to allege that the deceased partner’s estate could satisfy the defendant’s judgment.