Gray v. Forbes
Appellate Division of the Supreme Court of the State of New York
Appeal by Shirley S. Lloyd from an order of the Supreme Court, made at Special Term and entered in the office of the clerk of the county of Westchester on the 33d day of July, 1915, resettling an order entered in said office on the 35th day of July, 1915. Order affirmed, with ten dollars costs and disbursements. ISTo opinion. Thomas, Stapleton and Putnam,' JJ., concurred; Carr, J., read for reversal, with whom Jenks, P. J., concurred.
1Opinion of the Court
Carr, J. (dissenting):
One Forbes made a confession of judgment in favor of Shirley S. Lloyd. Judgment was entered thereon which became an apparent lien on Forbes’ real property. Subsequently Gray obtained a judgment against Forbes in a libel action. Gray made an application to this court at Special Term to cancel the judgment entered in favor of Lloyd. The motion was granted, hence this appeal by Lloyd. There is only a question of law involved, but it is one that has been rendered intricate and unsatisfactory by a long list of inharmonious precedents. Mrs. Lloyd’s judgment was vacated on the…
2Cases cited5 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Chappel v. . ChappelNew York Court of Appeals · 1855
- Wood v. . MitchellNew York Court of Appeals · 1889
- Mather v. MatherAppellate Division of the Supreme Court of the State of New York · 1899
- Acker v. AckerNew York Court of Appeals · 1864