Johnson v. Weir
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alexander Weir, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 17th day of January, 1902, upon the decision of the court rendered after a trial at the Clinton Special Term confirming the report of a referee upon a sale in partition, and directing the distribution of the proceeds of the sale, with notice of an intention to bring up for review upon isuch appeal…
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Appeal by the defendant, Alexander Weir, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 17th day of January, 1902, upon the decision of the court rendered after a trial at the Clinton Special Term confirming the report of a referee upon a sale in partition, and directing the distribution of the proceeds of the sale, with notice of an intention to bring up for review upon isuch appeal the interlocutory judgment, entered in the office of the -clerk of the county of Clinton on the 13th day of Hay, 1901,…
1Opinion of the Court
Chase, J.:
The testatrix did not by her will make her debts a charge or lien on her real estate. The surrogate’s decree did not in terms nor as a matter of law make the claims in said decree mentioned a lien on such real estate.
Appellant claims, however, that the Special Term, in determining the rights of the parties to the action, should have adjudged and decreed that the items of $1,408.02 and $300, respectively mentioned in said decree, are equitable liens on the whole of said real estate and that the court should have directed that the same be paid from the proceeds of sale. The claim of…
2Cited by2 opinions
- Wise v. WedlakeAppellate Division of the Supreme Court of the State of New York · 1926
- In re the Judicial Settlement of the Accounts of OwensAppellate Division of the Supreme Court of the State of New York · 1928