Farmers' Loan & Trust Co. v. Dickson
New York Supreme Court
Motion by a purchaser at a judicial sale, to be discharged. This action was brought to foreclose a mortgage on real estate in the city of New York. The complaint and lis-pendens were filed on December 29, 1858. The summons was served on that day upon all the defendants, except Robert Livingston and his wife, the said Livingston being proceeded against as the owner of the equity of redemption, and the other defendants being judgment creditors.
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Motion by a purchaser at a judicial sale, to be discharged. This action was brought to foreclose a mortgage on real estate in the city of New York. The complaint and lis-pendens were filed on December 29, 1858. The summons was served on that day upon all the defendants, except Robert Livingston and his wife, the said Livingston being proceeded against as the owner of the equity of redemption, and the other defendants being judgment creditors. On July 18, 1859, a deed from Robert Livingston and wife to Madalena Bortano and others, dated November 13, 1858, acknowledged November 8, 1858, was…
1Opinion of the Court
R. H. Bowne,
opposed, read an affidavit showing that on December 29, 1858, the summons was inclosed to the sheriff of Westchester county, to be served on Livingston and wife; and contended that under the latter part of section 99 of Code, the action was commenced as to Livingston on that day, and that under the amendment of 1858 to section 132 of Code, Bortano, &c., were subsequent purchasers, and bound by the judgment.
S. Riker, in reply.
The provision in the latter part of section 99 of Code, making an attempt to commence the action equivalent to its commencement when the summons is de*64livered…
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