Frink v. Morrison
New York Supreme Court
Motion to set aside a judgment and execution. .. The applicant, Thomas Holyóake, moved upon several affidavits. His own set forth, that .the defendant and judgment-debtor, Morrison, died in March, .1860; that in June, 1858, Morrison applied to him for. a loan on a mortgage of a -house and grounds in Brooklyn, arid offered. to .employ a . lawyer to search the. title.
Read the full summary
Motion to set aside a judgment and execution. .. The applicant, Thomas Holyóake, moved upon several affidavits. His own set forth, that .the defendant and judgment-debtor, Morrison, died in March, .1860; that in June, 1858, Morrison applied to him for. a loan on a mortgage of a -house and grounds in Brooklyn, arid offered. to .employ a . lawyer to search the. title. That Morrison- afterwards informed- him that he had, employed Edward P. Clark to make such search, and that Clark had satisfied himself that .there.were.no incumbrances on the premises.... That thereupon deponent, lent Morrison…
1Opinion of the CourtLeonard, J.
—The act of 1850 (ch. 295) does not, in my opinion, supersede the necessity of taking proceedings on the judgment, in the nature of scire facias, after the death of the debtor, wherein the heirs and terre-tenants shall be notified and have a hearing, if desired, before any lands of the deceased, upon which it is claimed that the judgment is a lien, shall be sold on execution.
The writ of scire facias is abolished by the Code, but it is qtiite plain that a more simple proceeding, as the codifiers supposed, was substituted.
The end or object to be attained for the purposes of justice, by scire…
2Cases cited1 opinion
- Executors of Morton v. Terre-tenants of CroghanNew York Supreme Court · 1822
3Cited by2 opinions
- State v. BordenSupreme Court of New Jersey · 1887
- In re Salisbury's EstateNew York Surrogate's Court · 1889