Tallman v. Farley
New York Supreme Court
In Equity. The plaintiff was the owner of two lots of ground in the city of New-York, which he agreed to sell to the defendant Farley for $2400 each. Farley entered into'the negotiation for the purpose of building on the lots, but was unable to make any payment toward the consideration of the lots.
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In Equity. The plaintiff was the owner of two lots of ground in the city of New-York, which he agreed to sell to the defendant Farley for $2400 each. Farley entered into'the negotiation for the purpose of building on the lots, but was unable to make any payment toward the consideration of the lots. It was thereupon agreed between Tallman, Farley, and Gerardus Clark, that Clark should advance to Farley $5000 on each lot, to enable him to erect the buildings on them; that the deed from-Tallman to Farley should not be delivered until sufficient money had been advanced by Clark, and expended by…
1Opinion of the CourtEdmonds, J.
The judgment creditors comé into tins court to enforce the legal lien of their several judgments, and they claim that they are entitled to be first -paid, because they are *285prior in point of time to the mortgages. It is not pretended that those creditors have made any advances, or incurred any liabilities, on the strength of the mortgaged premises; or that any agreement has ever been made between them and Farley, by which they were to have a specific lien on them. But they claim under the legal right growing out of the general lien of their judgments.
These judgment creditors are not in equity…
2Cases cited2 opinions
- In re HoweNew York Court of Chancery · 1828
- Keirsted v. AveryNew York Court of Chancery · 1832
3Cited by7 opinions
- Hitchcock v. . the North Western Insurance CompanyNew York Court of Appeals · 1862
- Harrison v. AndrewsSupreme Court of Kansas · 1877
- Pack v. HansbargerWest Virginia Supreme Court · 1880
- Cook v. KraftNew York Supreme Court · 1871
- Hitchcock v. North Western InsuranceNew York Court of Appeals · 1862
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