The Farmers' Loan and Trust Co. v. . Kursch
New York Court of Appeals
Appeal from an order of the general term of the Supreme Court, in the eighth district, affirming an order made at special term, whereby a motion that Heacock, the grantor, with warranty, of the defendant in an ejectment suit, who had unsuccessfully defended the same, without being made a party, might be compelled to pay the plaintiff’s costs — an execution against the defendant on record haying been returned unsatisfied.
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Appeal from an order of the general term of the Supreme Court, in the eighth district, affirming an order made at special term, whereby a motion that Heacock, the grantor, with warranty, of the defendant in an ejectment suit, who had unsuccessfully defended the same, without being made a party, might be compelled to pay the plaintiff’s costs — an execution against the defendant on record haying been returned unsatisfied. The special term haying denied the motion, and the order haying been affirmed at general term, the plaintiff took this appeal.
1Opinion of the CourtRuggles, C. J.
Heacock conyeyed the premises in question in this suit to the defendant Kursch, who was in possession under Heacock’s deed, when this suit was commenced against him. Kursch refused, at first, to' defend the suit, but permitted Heacock to defend in his name. Heacock, accordingly, employed an attorney and counsel, and defended the suit, in Kursch’s name, but judgment was nevertheless rendered in favor of the plaintiffs. An execution was issued, part of the costs collected, .and the execution returned unsatisfied as to the residue. The plaintiffs moved the supreme court for aU *or(^er aS'ains’*;…
2Cases cited2 opinions
- Jackson, ex dem. v. Van AntwerpNew York Supreme Court · 1828
- Bendernagle v. CocksNew York Supreme Court · 1838
3Cited by4 opinions
- Johnston v. Mann's ExecutorsWest Virginia Supreme Court · 1882
- Sand v. ChurchAppellate Division of the Supreme Court of the State of New York · 1898
- Finnegan v. CaraharNew York Supreme Court · 1869
- Perrigo v. DowdallNew York Supreme Court · 1881