Mitchell v. Barnes
New York Supreme Court
Appeal from an order made at Special Term, appointing a receiver of certain property, both personal and real, described in the complaint in this action.
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Appeal from an order made at Special Term, appointing a receiver of certain property, both personal and real, described in the complaint in this action. The property is alleged to have been obtained by fraud and coercion and without consideration, by the defendant and appellant Barnes, from the plaintiff Sarah Mitchell, after she had become and when she was a lunatic and of unsound mind, in 1870 and 1871. The personal property was convoyed, by parol gift with part delivery ; the realty, in parcels, by warranty deeds purporting to have been given upon paid considerations, amounting to $24,000…
1Opinion of the Court
Bookes, J. :
Appeal from an order of tbe Special Term, appointing a receiver.
The defendant is right in his statement made in his affidavit, “ that this is not an action of ejectment.” Hence the authorities to the effect that a receiver will not be appointed before judgment in a pure action at law in ejectment, Burdell v. Burdell (54 How. Pr., 91), Guernsey v. Powers (9 Hun, 78), Thompson v. Sherrard (35 Barb., 593), are not in point. Nor has the decision in Bockes v. Lansing (74 N. Y., 437) application here. In that case the court held that the action, being an action to remove a cloud upon…
2Cases cited4 opinions
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Bockes v. . LansingNew York Court of Appeals · 1878
- Thompson v. SherrardNew York Supreme Court · 1861
- Lynch v. MosherNew York Supreme Court · 1849