People ex rel. Nash v. Faulkner
New York Supreme Court
Appeal from a judgment, entered upon a decision at Special Term, dismissing the plaintiff’s complaint. Samuel D. Faulkner was surrogate of Livingston county during all the time mentioned in the proceedings had in the surrogate’s ■court for that county which, are involved in this action.
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Appeal from a judgment, entered upon a decision at Special Term, dismissing the plaintiff’s complaint. Samuel D. Faulkner was surrogate of Livingston county during all the time mentioned in the proceedings had in the surrogate’s ■court for that county which, are involved in this action. He died in office on the 9th day of August, 1878. Samuel Finley, a resident of that county, died in 1876, seized and possessed of two parcels of real estate situated in that county, and administrators on his estate were duly appointed and entered' upon the discharge of their duties. At the time of the death of…
1Opinion of the Court
Barker, J.:
At the time of the death of the late surrogate, as well as at the time of the commencement of this action, the only persons having any legal or equitable title to the funds derived from the sale of the real estate sold in pursuance of the order of the surrogate, were the creditors and heirs-at-law of Samuel Finley. The same persons have a like interest in the surplus moneys, subject, however, to such liens thereon as may exist in favor of any incumbrances subsequent in point of time to the mortgage which was foreclosed. The legal custodian of such funds is the present surrogate,…
2Cases cited6 opinions
- United States v. ThomasSupreme Court of the United States · 1873
- Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845
- United States v. DashielSupreme Court of the United States · 1866
- Dayton v. . JohnsonNew York Court of Appeals · 1877
- Cridler v. CurryNew York Supreme Court · 1873
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