Everett  was
present  and  heard  said  notice  given,  and  bought  said  premises  for
much  less  than  their  full  value,  with  full  knowledge  of  the  claim  that
said  assignment  was  invalid,  as  so  made  by  creditors,  and  that  the
property  failed  to  bring  a  large  price  by  reason  of  the  doubts  as  to  the
validity  of  such  assignment ;  that  it  was  the  duty  of  said  assignee  to
delay  said  sale  until  said  question  of  validity  of  said  assignment  was
adjudicated    in   said   action,    and   that  by  reason  of  such  sale,  the


Judgment  Ceeditoe's  Action. 643

creditors  of  said  Lawson  suffered  great  loss;  made  as  aforesaid,  the
said  sale  was  null  and  void,  and  should  be  vacated,  set  aside  and
held  for  naught ;  that  the  conveyance  of  said  premises  from  said
Jacob  L. DeWitt  to  said  Everett  is  dated  July  7,  1885,  and  recorded
in  Ulster  county  clerk's  office,  book  of  deeds  No. 358,  page  530  ;
that  thereafter,  and  at  the  April  terin,  1886,  the  said  action  brought
by  said  Jacob  L. DeWitt  as  aforesaid,  against  Joseph  Eiseley,  shi^riff,
was  tried  on  the  merits  before  a  jury,  on  the  issue  of  the  validity
of  said  assignment  from  said  Lawson  to  defendant  DeWitt,  and
plaintiff's  complaint  dismissed  on  the  merits,  and  said  assignment
held  null  and  void  and  of  no  effect  as  to  the  said  defendant ;  that
thereafter,  as  plaintiff  is  informed  and  believes,  the  defendant  Everett
applied  to  the  Ulster  County  Savings  Institution,  the  holder  of  a  mort-
gage for  $3,500  on  the  real  property  described  in  said  inventory  of
said  Lawson,  for  an  assignment  of  the  said  mortgage,  and  procured
the  same  in  the  name  of  his  wife,  the  defendant  Sarah  0. Everett,
for  the  purpose  of  protecting  the  said  alleged  sale  to  said  Everett,  and,
as  this  plaintiff  believes,  for  the  purpose  of  foreclosing  and  to  pre-
vent the  plaintiff  and  other  judgment  creditors  from  realizing  on  their
judgments  against  said  Lawson,  and  this  plaintiff  tenders  to  said  de-
fendant Sarah  C. Everett  the  amount  due  on  said  mortgage  for  prin-
cipal and  interest  and  insurance,  and  demands  an  assignment  thereof
as  a  judgment  creditor  of  said  Lawson;  that  all  the  defendants  ex-
cept Jacob  L. DeWitt,  as  assignee,  Chauncey  Stewart,  John  S. Ever-
ett and  Sarah  C. Everett,  James  E. 