Sears v. . Burnham
New York Court of Appeals
Appeal from a judgment of the Supreme Court in the first district, affirming a decree of the surrogate of New-York. On the 8th of January, 1851, certain real estate of William Ren wick, deceased, was sold under an order of the surrogate, for the payment of debts.
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Appeal from a judgment of the Supreme Court in the first district, affirming a decree of the surrogate of New-York. On the 8th of January, 1851, certain real estate of William Ren wick, deceased, was sold under an order of the surrogate, for the payment of debts. A surplus existed for distribution among the heirs, or the persons claiming under them; one of whom was Robert J. Renwick, whose share was claimed by the respondent, under judgments recovered in the late Court of Common Pleas, of Tompkins county, on the 15th of March, 1841, and docketed on filing transcripts in Hew-York, on the 3d of…
1Opinion of the CourtStrong, J.
The several judgments were entitled to priority in the distribution of the surplus, according to the priority of their liens on the land at the time of the sale. The equitable rights of the parties in regard to the distribution, corresponded with their legal rights to the land, for the payment of their judgments, when it was sold. Their rights as at that time were to be regarded in the distribution, as the sale upon a conveyance would divest their rights from that period; the conveyance would relate back to the sale. (McLaren v. The Hartford Mutual Insurance Company 1 Seld., 151.),
The…
2Cases cited2 opinions
- Chichester v. CandeNew York Supreme Court · 1824
- Hunt v. Grant & TrowbridgeNew York Supreme Court · 1838
3Cited by10 opinions
- Harman v. Board of Educ. of City of N.Y.New York Court of Appeals · 1949
- People Ex Rel. Lefever v. Board of SupervisorsNew York Court of Appeals · 1866
- King v. . HarrisNew York Court of Appeals · 1866
- Vidor v. RawlinsTexas Supreme Court · 1900
- State Ex Rel. Enyart v. DoudMissouri Court of Appeals · 1925
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