Lynde v. O'Donnell
New York Supreme Court
Appeal from an order denying motion for a writ of assistance. The action was for foreclosure of a mortgage upon real property; and after the usual judgment was had directing a referee to sell the premises, the plaintiff died. The referee proceeded and sold the lands; and the purchaser having demanded possession from the occupants, which was refused, applied for a writ of assistance, which was denied, and the purchaser appealed.
1Opinion of the Court
By the Court.*—Brown, J.
—Augusta H. Lynde made a motion at the special term, held at Brooklyn, in December, 1860, for a writ of assistance against the defendants in this action, under the following circumstances, which are admitted to be true. The action was instituted for the foreclosure of a mortgage upon certain lands in the city of Brooklyn. A judgment or decree was regularly obtained therein, on or about the 1st of March, 1858, and the judgment-roll was duly filed in the office of the clerk of the county of Kings, and a copy of the judgment or decree, certified by the clerk, delivered to…
2Cases cited4 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Washington Insurance v. SleeNew York Court of Chancery · 1831
- New York Life Insurance & Trust Co. v. RandNew York Supreme Court · 1853
- New-York Life Insurance & Trust Co. v. CutlerNew York Supreme Court · 1853
3Cited by4 opinions
- Kilpatrick v. Argyle Co.Appellate Division of the Supreme Court of the State of New York · 1922
- O'Connor v. SchaeffelCity of New York Municipal Court · 1890
- Smith v. JoyceNew York Court of Common Pleas · 1886
- Pace v. RustSupreme Court of Arkansas · 1872