Smith v. Brackett
New York Supreme Court
THIS was a controversy submitted, without action, for the decision of the court, under section 372 of the code of procedure.
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THIS was a controversy submitted, without action, for the decision of the court, under section 372 of the code of procedure. On the 1st day of September, 1857, Patrick Burns filed in the office of the clerk of Livingston county, a notice under the act of April 10, 1850, entitled “An act to exempt from sale on execution the homestead of a householder having a family,” stating that he designed certain premises therein described to be held as a homestead; that the value of the premises did not exceed $1000; and they were occupied by Burns as a residence, he being a householder and having a…
1Opinion of the Court
By the Court,
Johnson, J.
The statute (2 R. S. 359, § 3) provides that all judgments hereafter rendered in any court of record shall hind and he a charge upon the lands, tenements, real estate and chattels real of every person against whom any such judgment shall he rendered, which such person may have at the time of docketing such judgment, or *573■which such person shall acquire at any time thereafter; and such real estate and chattels real shall he subject to be sold upon execution to be issued upon such judgment.
By the act of 1850, (Sess. Laws of 1850, ch. 260, § 1,) it is provided that, “ in…
2Cases cited1 opinion
- Allen v. CookNew York Supreme Court · 1858
3Cited by5 opinions
- In Re ThomasUnited States Bankruptcy Court, S.D. New York · 1983
- In Re FeissUnited States Bankruptcy Court, E.D. New York · 1981
- Rodgers v. First National BankMissouri Court of Appeals · 1900
- Rice v. DavisNew York Supreme Court · 1872
- McComb v. ThompsonOhio Supreme Court · 1884