Moore v. Duffy
New York Supreme Court
Appeal from special term, Westchester county. Action by Michael Moore against J. Duffy, as sheriff of the county of Westchester, Patrick Farrell, and Margaret Farrell, his wife, and Patrick Costello, to procure an adjudication that a deed from Patrick Farrell and Margaret, his wife, to Patrick Costello was null and void, and that the certificate of redemption given by defendant Duffy, as sheriff, to Patrick Costello, was null and void, and that said Duffy, as sheriff,…
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Appeal from special term, Westchester county. Action by Michael Moore against J. Duffy, as sheriff of the county of Westchester, Patrick Farrell, and Margaret Farrell, his wife, and Patrick Costello, to procure an adjudication that a deed from Patrick Farrell and Margaret, his wife, to Patrick Costello was null and void, and that the certificate of redemption given by defendant Duffy, as sheriff, to Patrick Costello, was null and void, and that said Duffy, as sheriff, execute and deliver to plaintiff, his heirs and assigns, his deed of the land mentioned in the certificate of redemption which…
1Opinion of the CourtPratt, J.
The title of the judgment debtor vested in the receiver on filing his appointment in the proper office, but it was a qualified title in the nature of a security for the plaintiff in the judgment. As the case contains nothing to show the title of the receiver has ceased, we must treat it as in force. The title vested in the receiver, being qualified and limited, as stated above, did not exhaust the title of the judgment debtor. Subject to the right of the receiver to resort to the land to pay the judgment, the title remained in the judgment debtor, and the conveyance to Costello transferred to…
2Cited by3 opinions
- National Wall Paper Co. v. GerlachCity of New York Municipal Court · 1896
- Graham v. Lawyers' Title InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Whyte v. DenikeAppellate Division of the Supreme Court of the State of New York · 1900