Blydenburgh v. Northrop
New York Supreme Court
This case came up on an application for judgment in a foreclosure case, on the report of a referee and the evidence taken before him. The facts are stated in the opinion.
1Opinion of the Court
Emott, Justice.
The provisions of the Code, as to the lien of judgments, are substantially like those of the Revised Statutes. Under these it was held by Chancellor Walworth, in Buchan agt. Sumner, (2 Barb. Ch. R. 165,193,) that there was no lien created by the recovery of a judgment until it was docketed, and therefore no question of notice or contest as to priority could arise between a creditor holding a judgment not docketed and a party having any specific lien by mortgage, or any conveyance of title. The date and order of the lien of a judgment was, in all cases, merely a question of…
2Cases cited3 opinions
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Denton v. NannyNew York Supreme Court · 1850
- Jackson ex dem. Bruyn v. DewittNew York Supreme Court · 1826
3Cited by5 opinions
- Lyon v. WelshSupreme Court of Iowa · 1866
- Fogal v. PirroThe Superior Court of New York City · 1860
- King v. HigginsMultnomah County Circuit Court, Oregon · 1872
- Taylor v. BentleyNew York Surrogate's Court · 1877
- Guggenheimer v. StevensCity of New York Municipal Court · 1889