Chamberlin v. Day , 3 Cow. 353 ( 1824 )

Curia.

Wiley took the assignment subject to all the equi-. ties actually existing against Chamberlin’s judgment at the time of the assignment. Want of notice will not protect against these. Day had purchased and took an assignment pf Gold’s judgment, before Chamberlin’s was assigned ; and having a right to this set off prior to that assignment, it did not divest that right. The motion must be granted.

Rule accordingly.