Van Camp v. . Searle
New York Court of Appeals
Appeal from portions of a judgment of the General Term of the Supreme Court in the fifth judicial department, entered October 18, 1894, which modified and affirmed, as modified, a judgment in favor of the plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from portions of a judgment of the General Term of the Supreme Court in the fifth judicial department, entered October 18, 1894, which modified and affirmed, as modified, a judgment in favor of the plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to determine the conflicting classes of creditors of Benjamin F. Van Camp to a fund of $6,423.20, in the hands of the sheriff of Orleans county, ¡proceeds of real estate of van Camp sold by the sheriff upon execution on the 15th of February, 1889. In June, 1888, the debtor van Camp absconded from…
1Opinion of the Court
Andbews, Ch. J.
The lien of successive attachments on real property attached under process issued in this state takes effect in the order in which the attachments are issued and levied, and the priority of lien is not dependent upon priority in date of the judgments obtained. This is the general understanding and is a clear inference from statutory provisions (Code Civ. Pro. §§ 644, 697). It is also the general rule in other states, except where otherwise provided by statute, or. where an exceptional rule has been established by the courts. (Drake on Attachments, § 263 ; Wade on Attachments, §…
2Cases cited5 opinions
- Buell v. . Van CampNew York Court of Appeals · 1890
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1876
- Thorington v. . MerrickNew York Court of Appeals · 1885
- Husted v. DakinNew York Supreme Court · 1857
- Mascraft v. Van AntwerpNew York Supreme Court · 1824
3Cited by21 opinions
- Zenith Bathing Pavilion, Inc. v. Fair Oaks Steamship Corp.New York Court of Appeals · 1925
- Husted v. . ThomsonNew York Court of Appeals · 1899
- In Re Lloyd's American Trust Fund LitigationDistrict Court, S.D. New York · 1997
- Neary v. City Bank Farmers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1940
- Swiss Bank Corp. v. EatessamiAppellate Division of the Supreme Court of the State of New York · 1966
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