Reece v Taylor
| Jurisdiction | England & Wales |
| Judgment Date | 28 April 1852 |
| Date | 28 April 1852 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 1207
HIGH COURT OF CHANCERY
[480] eeece v. taylor. April 28, 1852. A judgment creditor had obtained a Judge's order under the 1 & 2 Viet. c. 110, s. 14, charging the annuity payable to his debtor out of a fund in a cause in this Court. The judgment creditor is entitled to a decree, upon a claim against the debtor, to charge the annuity with the judgment debt; but, in order to make these charges effectual, a petition (which is of course) to be presented in the cause is necessary; and the claim was ordered to stand over; and, ultimately, one order was made on the claim and petition. Under the will of a testator, whose estate was in course of administration under a decree in a suit in this Court, the Defendant, Taylor, was entitled to an annuity, and a sum of stock had been carried to a separate account in the cause, intitled " Taylor's Annuity Account." The Plaintiff, Mr. Eeece, being a judgment creditor of the Defendant, Mr. Taylor, had obtained the order of a Judge at common law under the 14th section of the 1 & 2 Viet. c. 110, charging the stock.(l) This was a claim by Mr. Eeece against Mr. Taylor, for the immediate protection of the interest he had acquired under the Judge's order. (See Bristed v. Wilkins, 3 Hare, 235.) The Defendant, Taylor, was out of the jurisdiction, but he had been duly served with process. The claim now came on upon the hearing. Mr. Pole was in support of the claim. The Defendant did not appear. The Vice-Chancellor made the order. Mr. Pole then suggested whether, in order to renderthe charge effectual on...
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