Burroughs v. Reiger

Rockwell, Justice.

This is a motion made in behalf of Magdalena Hetsel, a person in possession of certain real estate affected by this action, to set aside a writ of assistance, issued to the sheriff of Kings county, commanding him to put the plaintiff into possession of the premises. Mrs. Hetsel purchased the premises for a valuable consideration; there is no evidence that she ever had actual notice of the pendency of this action; she was not made a party to it, and consequently cannot be bound by the judgment, nor charged with constructive notice of the pendency of the action, unless she…