Haverly v. . Becker
New York Court of Appeals
The plaintiffs, on the 6th of December, 1842, recovered a judgment by confession in the supreme court, against Abraham L. Deitz, for $748,90, and costs. Deitz was at that time the owner of a farm in Albany county, but the attorney for the plaintiffs neglected to have a transcript filed, and the judgment docketed in that county, so as to become a lien on the lands of the debtor.
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The plaintiffs, on the 6th of December, 1842, recovered a judgment by confession in the supreme court, against Abraham L. Deitz, for $748,90, and costs. Deitz was at that time the owner of a farm in Albany county, but the attorney for the plaintiffs neglected to have a transcript filed, and the judgment docketed in that county, so as to become a lien on the lands of the debtor. In February, 1843, Deitz sold and conveyed the farm to the defendant, Becker, both of them at that time understanding and supposing that the judgment was a lien. Becker, as a part of the consideration of his purchase,…
1Opinion of the CourtPratt, J.
Deitz gave the bond and warrant of attorney to the plaintiffs in" this cause, for the purpose of enabling them to acquire a lien upon his lands for the better security of their debt, but by a mistake of their attorney, the requisite transcript to make the judgment such lien was not filed in the clerk’s office of the proper county. Deitz sold and Becker purchased the farm in question, supposing that the judgment was actually a lien thereon, and in part payment of the consideration, Becker agreed to pay and discharge the judgment. Under these circumstances, he should be deemed in equity as…
2Cited by4 opinions
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