Smith v. Tozer
New York Supreme Court
Motion by plaintiff for an order requiring defendant to execute deeds conveying lands in Illinois to a receiver appointed by the county judge of Ontario county in proceedings supplementary to execution as required by an order of said judge, and that he be punished for contempt for neglecting and refusing to obey said order.
1Opinion of the Court
Angle, J.—Under
the Code of Procedure, § 297, a judge could, in supplementary proceedings, order any property of the judgment debtor, not exempt from execution, to be applied in satisfaction of the judgment, and by section 298 he could appoint a receiver with like authority as if the appointment were made by the court according to section 244 of the same code. Under these provisions it was held in Fenner v. Sanborn (37 Barb., 610, 612-13), that the title of a debtor to real estate situate out of the state would not, by virtue of the appointment of a receiver, vest in him so as to be effectual…
2Cases cited4 opinions
- Wright v. . NostrandNew York Court of Appeals · 1883
- Fenner & Hardenburgh v. SanbornNew York Supreme Court · 1862
- People v. SapiaNew York Court of Appeals · 1976
- Dresser v. Van PeltThe Superior Court of New York City · 1857