PORTER v. SMITH, 2 Del. Cas. 104 (1798)

Rodney’s Notes

Court of Common Pleas of Delaware, New Castle County.
May, 1798.

Vandyke [for plaintiff]. George Read [for defendant].

Sale made by sheriff of lands of Samuel Smith (on judgment August 25, 1787, as security for payment of decree). Smith’s executors claim money on a decree, May 26, 1787, £197 to Samuel and £201.9.4 to Mary. Judgment obtained by Richard Cantwell August 25, 1787, against Samuel Smith for [___][1] .

Co.Litt. 344 B. Decree preference of a judgment of a subsequent date or equal to a judgment to bind assets. Prec.Ch. 86, 87. Case T. of Talbot, 2 Vern. 89, 4 Burn Ecc. 454, 2 P.Wms. 621, 1 Ves. 496, 2 Eq.Cas.Abr. 501.

PER CURIAM.

The decree in chancery only binds the personal, not real assets.

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