Marine Bank of Chicago v. . Van Brunt
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial district, affirming an order of Special Term setting aside an execution. In March, 1867, and during the lifetime of the defendant, judgment was recovered in this action for $6,858.12. Ho execution was issued during defendant’s lifetime.
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Appeal from order of the General Term of the Supreme Court in the first judicial district, affirming an order of Special Term setting aside an execution. In March, 1867, and during the lifetime of the defendant, judgment was recovered in this action for $6,858.12. Ho execution was issued during defendant’s lifetime. After the death of defendant, one Hammond commenced an action against plaintiff, and caused a warrant of attachment to he issued against it as a foreign corporation. Under this attachment the judgment was levied upon and subsequently sold by the sheriff by order of the court. Mr.…
1Opinion of the CourtAllen, J.
That the parties interested should have had notice of the application to the surrogate for leave to issue the execution, and an opportunity to be heard cannot well be doubted. The title to property once owned by the deceased debtor, and upon which the judgment was claimed to be a lien, had vested in other persons not parties to the record either by succession or grant, and heirs or terre tenants should not be divested of their property without a day in court. It is true, the act of 1850, chapter 295,. does not in terms direct notice to be given, but enacts that the surrogate may, “ upon cause…
2Cases cited1 opinion
- Wood v. . MorehouseNew York Court of Appeals · 1871
3Cited by6 opinions
- Wallace v. . SwintonNew York Court of Appeals · 1876
- Atlas Refining Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1900
- Duell v. AlvordNew York Supreme Court · 1886
- In re WadleyNew York Supreme Court · 1883
- Kenney v. GeogheganCity of New York Municipal Court · 1886
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