People ex rel. Flynn v. Butler
New York Supreme Court
Appeal from an order of the special term denying motion for mandamus to compel the county clerk to pay over money deposited with him to remove mechanics’ Hen on certain lands.
1Opinion of the CourtDavis, P. J.
The sole purpose of the provisions of the act aHowing the payment of money into the hands of the county clerk in cases like this seems to be to remove the lien from the hands of the party and impose it upon the money, the object being to enable the owner of real estate, by substituting money to the amount of the alleged Hen, and of costs, if an action be pending, to enjoy the power of disposing of *275his land relieved from the lien. The money takes the place of the lien to await the result of such proceedings as may be taken to establish a lien. This is distinctly settled, and we have no doubt…
2Cited by6 opinions
- Hafker v. HenryAppellate Division of the Supreme Court of the State of New York · 1896
- Sheffield v. EarlyNew York Supreme Court · 1893
- Stockton Lumber Co. v. SchulerCalifornia Supreme Court · 1909
- Scherrer v. Music Hall Co.New York Court of Common Pleas · 1892
- White v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1902
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