Atlas Refining Co. v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal "by the Standard Oil Company of New York, the petitioner in the first-above entitled action, and by Sadie Craik, the petitioner in the third-above entitled action, from an order of the Supreme Court, made at the Erie Special Term and entered in • the office of the clerk of the county of Erie on the 24th day of October, 1899, denying their motions for leave to issue executions.
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Appeal "by the Standard Oil Company of New York, the petitioner in the first-above entitled action, and by Sadie Craik, the petitioner in the third-above entitled action, from an order of the Supreme Court, made at the Erie Special Term and entered in • the office of the clerk of the county of Erie on the 24th day of October, 1899, denying their motions for leave to issue executions. The Atlas Refining Company recovered a judgment against Lester B. Smith in the Supreme Court, Erie county, on the 29th day of April, 1884, for $1,573.70. The judgment roll was filed and the judgment duly docketed…
1Opinion of the Court
Laughlin, J.:
It appearing that the judgments have not been paid, and no cause being shown why the executions should not issue, other than a denial of power on the part of the court to grant the motion, this appeal presents a question of law only.
By the Revised Statutes (2 R. S. 359, §§ 3,4) a judgment remained a lien upon real property as against the defendant, his heirs and devisees, for the period of twenty years, after which time payment was presumed; but a judgment ceased to be a lien after ten years from the docketing thereof as against subsequent incumbrancers *112by mortgage, judgment,…
2Cases cited10 opinions
- Wood v. . MorehouseNew York Court of Appeals · 1871
- Wallace v. . SwintonNew York Court of Appeals · 1876
- Roe v. SwartNew York Supreme Court · 1826
- Scott v. HowardNew York Supreme Court · 1848
- Garczynski v. RussellNew York Supreme Court · 1894
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3Cited by9 opinions
- Burke v. StateNew York Court of Claims · 1909
- Suffolk County Federal Savings & Loan Ass'n v. GeigerNew York Supreme Court · 1968
- Quarant v. FerraraNew York Supreme Court · 1981
- Hulbert v. HulbertNew York Supreme Court · 1914
- S & H Building Materials Corp. v. European-American Bank & Trust Co.New York Supreme Court · 1980
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