Barnes v. Mott
New York Court of Common Pleas
Appeal by the defendant Jacob H. Mott from a judgment ■of this court, entered on the decision of Chief Justice Chables P. Daly, after a trial before him at special term. This action was brought on the equity side of the court, to restrain, by perpetual injunction, the sale of a house and lot in Twelfth street, in this city, under an execution upon a judgment recovered in this court.
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Appeal by the defendant Jacob H. Mott from a judgment ■of this court, entered on the decision of Chief Justice Chables P. Daly, after a trial before him at special term. This action was brought on the equity side of the court, to restrain, by perpetual injunction, the sale of a house and lot in Twelfth street, in this city, under an execution upon a judgment recovered in this court. The judgment in question was for $17,093 58, and was obtained by one Orchard against Britton and Bininger, on the 2d day of February, 1864. At that time, Britton was the owner of the premises referred to, and this…
1Opinion of the Court
Loew, J. [after stating the facts of the case as above given].
—The question is therefore presented, whether on the state of facts, the learned Chief Justice before whom the case was tried was correct in adjudging and decreeing that the said premises should be released and discharged from the levy made thereon by the sheriff, and that the enforcement, by execution or otherwise, of any lien by reason of the said judgment against the said premises, should be perpetually enjoined and restrained. We think he was, for the following reasons :
1st. Burr was a iona fide purchaser of the real estate in…
2Cases cited3 opinions
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Ingalls and Stockman v. . MorganNew York Court of Appeals · 1854
- Boyd v. FinneganNew York Court of Common Pleas · 1870
3Cited by1 opinion
- Eleventh Ward Savings Bank v. HayNew York Court of Common Pleas · 1878