Albany City National Bank v. Gaynor
New York Supreme Court
A receiver appointed in supplementary proceedings applied for an order to compel the defendant to deliver to him the possession of a house and lot occupied by the defendant. The defendant had been the owner and occupant of the premises for many months prior to and since the recovery of plaintiff’s jadgment, and said judgment was, of course, a lien thereon.
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A receiver appointed in supplementary proceedings applied for an order to compel the defendant to deliver to him the possession of a house and lot occupied by the defendant. The defendant had been the owner and occupant of the premises for many months prior to and since the recovery of plaintiff’s jadgment, and said judgment was, of course, a lien thereon. It appeared that the premises were incumbered by mortgages to several parties, but the defendant claimed not to its full value. The defendant insisted that the realty should have been sold on .execution.
1Opinion of the CourtWestbrook, J.
— The owner of a judgment which is a lien upon real estate seeks to obtain possession of the real estate through a receiver appointed in supplemental proceedings without a sale under the judgment. This cannot be done, for *424it would be a practical repeal of the statutes providing for the sale of real estate under a judgment. It is useless, however, to reason. Bunn agt. Daly (24 Hun, 526) and Tinkey agt. Langdon (13 N. Y. Weekly Dig., 384; S. C., 25 Hun, 562) decide the exact question.
Motion denied, with ten dollars costs.
2Cited by5 opinions
- Moyer v. MoyerAppellate Division of the Supreme Court of the State of New York · 1896
- Damers v. SternbergerAppellate Terms of the Supreme Court of New York · 1907
- Steenberge v. LowNew York Supreme Court · 1905
- Vermont Marble Co. v. WilkesNew York Supreme Court · 1894
- Steenberge v. LowNew York Supreme Court · 1904