Legal Opinion

Buchan v. Sumner

New York Court of Chancery

Decided April 6, 1847PublishedCited by 70 opinions

This was an appeal, from a decretal order of the late vice chancellor of the first circuit, relative to the disposition of the surplus moneys, upon the sale of mortgaged premises, under a decree of foreclosure. Peter Naylor and Palmer Sumner were formerly in copartnership, and the mortgaged premises were conveyed to them, by a debtor of the firm, in payment of a co-partnership debt.

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This was an appeal, from a decretal order of the late vice chancellor of the first circuit, relative to the disposition of the surplus moneys, upon the sale of mortgaged premises, under a decree of foreclosure. Peter Naylor and Palmer Sumner were formerly in copartnership, and the mortgaged premises were conveyed to them, by a debtor of the firm, in payment of a co-partnership debt. Upon the winding up of the affairs of the copartnership, Naylor had to pay out, to the creditors of the firm, about $5000 beyond his rateable proportion of the debts. And for the balance thus due to him he…

1Opinion of the Court

The Chancellor.

Previous to the revised statutes, a judgment in a court of record, in this state, was a lien upon the lands of the judgment debtor from the time of the entry of such judgment; whether docketed or not. But, by the statute then in force, if the judgment was not properly docketed, it did not affect the lands of the judgment debtor, as against subsequent purchasers or mortgagees. (1 R. L. of 1813, p. 501, § 3.) Even *194as to them, however, the undocketed judgment was entitled to priority, in equity, if the purchaser, or mortgagee, had notice of its existence at the time of his…

2Cases cited7 opinions

  1. Coles v. ColesNew York Supreme Court · 1818
  2. Sigourney v. MunnSupreme Court of Connecticut · 1828
  3. Mower v. KipNew York Court of Chancery · 1836
  4. Forde v. HerronSupreme Court of Virginia · 1814
  5. Pitts v. WaughMassachusetts Supreme Judicial Court · 1808

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3Cited by70 opinions

  1. Fairchild v. . FairchildNew York Court of Appeals · 1876
  2. Riddle v. WhitehillSupreme Court of the United States · 1890
  3. Duryea v. BurtCalifornia Supreme Court · 1865
  4. Otis v. SillNew York Supreme Court · 1849
  5. Collumb v. . ReadNew York Court of Appeals · 1862

65 more not listed; retrieve them via the Exa API.

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