Baker v. Kingsland
New York Court of Chancery
This was an appeal from a decision of the surrogate of New-York, directing that the real estate of. W. S. Baker deceased should be mortgaged for the payment of his debts; and that his executor and executrix should give security, according to the statute, on or before the 24th of February, 1843, or in case of their neglect, that a disinterested freeholder be appointed to discharge the duty.
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This was an appeal from a decision of the surrogate of New-York, directing that the real estate of. W. S. Baker deceased should be mortgaged for the payment of his debts; and that his executor and executrix should give security, according to the statute, on or before the 24th of February, 1843, or in case of their neglect, that a disinterested freeholder be appointed to discharge the duty. The proceedings were instituted by the respondent Kingsland, who claimed to be a creditor of the decedent. The indebtedness was denied by the appellants. And the only evidence which Kingsland produced…
1Opinion of the Court
The Chancellor.
If the judgment against the personal representatives of the decedent had been even prima facie proof of the original indebtedness, the copy of the docket of the judgment, in the supreme court, was not legal evidence that any such judgment had been recovered. Since the act of 1840 took effect, no docket of a judgment subsequently recovered in the supreme court, is valid for any purpose, unless it is entered in the county clerk’s office. And the copy of the docket never was legal evidence to prove the existence of a judgment, except in some special cases provided for by statute.…
2Cited by17 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Munro v. MerchantNew York Supreme Court · 1858
- United States v. Lew Poy DewDistrict Court, N.D. New York · 1903
- Burnham v. BurnhamAppellate Division of the Supreme Court of the State of New York · 1900
- Handly v. HenryNew York Supreme Court · 1853
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