Cropsey v. Crandall
U.S. Circuit Court for the District of Southern New York
The libellant [Elias Cropsey] obtained a decree in this court, on appeal from the district court, in a suit in personam, in admiralty, against the respondent [Joshua Crandall] and one [Charles) Cleaveland, his stipulator. The decree was duly docketed in this court, and an execution was issued upon it against Cleaveland, on which real estate of his, situated in Williamsburgh, Kings county, was about to be sold.
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The libellant [Elias Cropsey] obtained a decree in this court, on appeal from the district court, in a suit in personam, in admiralty, against the respondent [Joshua Crandall] and one [Charles) Cleaveland, his stipulator. The decree was duly docketed in this court, and an execution was issued upon it against Cleaveland, on which real estate of his, situated in Williamsburgh, Kings county, was about to be sold. The decree was not docketed in Kings county, nor was any transcript of it filed in that county. Cleaveland now moved to set aside the execution against him, or the ground that, under…
1Opinion of the Court
THE COURT
held that a judgment or decree docketed in a court of the United States for the southern district of New-York was a lien upon the lands of the defendant in whatever county in the district they might be situated; that it was not necessary to the creation of such lien that a transcript of the judgment or decree should be filed in the office of the clerk of any county in the district; that the statutes of New-York which limited the duration of the lien of the judgments and decrees of the state courts applied to the judgments and decrees of the courts of the United States within the…
2Cases cited1 opinion
- Shrew v. JonesU.S. Circuit Court for the District of Indiana · 1840
3Cited by4 opinions
- Lineker v. DillonDistrict Court, N.D. California · 1921
- Rock Island National Bank v. ThompsonIllinois Supreme Court · 1898
- State v. GrantSupreme Court of Minnesota · 1865
- Rock Island National Bank v. Thompson & RoctAppellate Court of Illinois · 1897