Treacy v. Ellis
Appellate Division of the Supreme Court of the State of New York
• Appeal by James P. Brpwn arid others from certain portions of' an order 'of -the -’Supreme Court,"made at fhe Mew York Special-Term and entered in the office of 'the clerk of the county of Mew York.on the 5 th day'of October, 1899; distributing á certain fund; deposited with the chamberlain- of the city of Mew York to the; credit of this action. This action is for the partition of - real property and was: begun in¡ 1886. The appellant Brown was a party defendant..
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• Appeal by James P. Brpwn arid others from certain portions of' an order 'of -the -’Supreme Court,"made at fhe Mew York Special-Term and entered in the office of 'the clerk of the county of Mew York.on the 5 th day'of October, 1899; distributing á certain fund; deposited with the chamberlain- of the city of Mew York to the; credit of this action. This action is for the partition of - real property and was: begun in¡ 1886. The appellant Brown was a party defendant.. In 1878 the Grand Central Bank of the city of New York recovered four judgments against Brown and one Foran. In this and the…
1Opinion of the Court
Barrett, J.:
There are two branches of the appeal:
1. Brown and Mrs. Shaw, his assignee, contend that the lien of the judgments against the former has ceased from lapse of time,, and, hence, that the respondents are not entitled to the fund deposited with the chamberlain. Concededly, however, when the» partition suit was begun in 1886, and when, in. the- same year, the decree was entered, the sale was had, and the referee, in pursuance of the-terms of that decree, paid over to the chamberlain the sum received for Brown’s interest; all of those judgments were liens thereupon. This established…
2Cases cited2 opinions
- Nutt v. . CumingNew York Court of Appeals · 1898
- Elsworth v. WoolseyAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by6 opinions
- Hulbert v. HulbertNew York Supreme Court · 1914
- Berliner v. Piqua Club Ass'nNew York Supreme Court · 1900
- Douglass v. ChisholmNew York Supreme Court · 1931
- Fawcett v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Denovsky v. Bach, New York County Courts1916
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