Taylor v. Wynne
New York Supreme Court
Appeal from Westchester county court. Summary proceedings, by Grant B. Taylor against Frank Wynne, Hannah Wynne, and others, to dispossess defendants, as tenants, of the possession of real property which had been sold by the sheriff of Westchester county on an execution against the lessees.
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Appeal from Westchester county court. Summary proceedings, by Grant B. Taylor against Frank Wynne, Hannah Wynne, and others, to dispossess defendants, as tenants, of the possession of real property which had been sold by the sheriff of Westchester county on an execution against the lessees. In his petition, Taylor stated that Wynne had leased the premises in question for a term of five years, beginning April 1, 1885; that a judgment for $46.04 had been rendered against Wynne by a justice of the peace, a transcript of which was filed in the clerk’s office for Westchester county on March 26,…
1Opinion of the CourtPratt, J.
Only two years of the lease were yet to run. It was, therefore, not real estate, (Code, § 1430;) and the judgment docketed on March 26th was not a lien upon it. It follows that the assignment of the lease by defendant on April 4th carried a clear title to the assignee. The execution against defendant was not issued till May 25th. The lease was not at that time the property of the defendant in the execution, was not subject to the lien of the judgment, and the attempted sale upon the execution was ineffectual to vest any title in the vendee. All these facts appeared in the petition, which was…
2Cited by1 opinion
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