Hulbert v. . Hulbert
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 6, 1915, which affirmed an order of Special Term directing payment on certain judgment liens from proceeds arising from sale of the interest of one defendant in the real estate sold in the above-entitled action for partition. The facts, so far as material, are stated in the opinion. These three judgments became liens upon this real property at the same time.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 6, 1915, which affirmed an order of Special Term directing payment on certain judgment liens from proceeds arising from sale of the interest of one defendant in the real estate sold in the above-entitled action for partition. The facts, so far as material, are stated in the opinion. These three judgments became liens upon this real property at the same time. (Goetz v. Mott, 21 Abb. N. C. 246; Matter of Hazard’s Estate, 75 Hun, 22; 141 N. Y. 586.) The judgment of the church…
1Dissent
Willard Bartlett, Ch. J.
(dissenting). I dissent from the judgment about to be rendered in this case. I think it is in conflict with the established law of this state as it has existed for more than a century. It squarely overrules two decisions of our old Supreme Court, the doctrine of which has been adopted in other states and approved by the Supreme Court of the United States; and this without any change in conditions which in my opinion suffices to justify such action.
In the present case, three judgments stood duly docketed in Seneca county against the defendant Hulbert, when, in 1910,…
2Cases cited10 opinions
- Elston v. CastorIndiana Supreme Court · 1885
- Gimbel v. StolteIndiana Supreme Court · 1877
- Bruce v. VogelSupreme Court of Missouri · 1866
- Adams v. DyerNew York Supreme Court · 1811
- In re Hazard's EstateNew York Supreme Court · 1893
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