Floyd v. Clark
New York Court of Common Pleas
Action by Elizabeth F. Floyd, administratrix, etc., of David Van Horne Floyd, deceased, against Edwin Clark and another. Motion to confirm the referee’s report distributing a surplus arising on a foreclosure sale of land under a mortgage.
1Opinion of the CourtDaly, C. J.
Judgments over 10 years old are not liens on the surplus. They are not liens on the real estate of the judgment debtor. Code, § 1251,1 limits the lien on real estate to 10 years, without making any distinction between lands still held by the debtor and lands conveyed to others or incumbered by other liens. Before the passage of this Code the judgment bound the real property of the debtor, where no other rights intervened, for the full 20 years, and such property might be sold upon execution at any time during that period. 2 Rev. St. p. 359, §§ 3, 4; Nims v. Sabine, 44 How. Pr. 252; Beard v.…
2Cases cited1 opinion
- Nims v. SabineNew York Supreme Court · 1872
3Cited by4 opinions
- Nutt v. . CumingNew York Court of Appeals · 1898
- Garczynski v. RussellNew York Supreme Court · 1894
- Rondout National Bank v. ShappeeNew York Supreme Court · 1948
- Douglass v. ChisholmNew York Supreme Court · 1931