Trow's Printing & Bookbinding Co. v. Hart
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of Kew York, made December 6, 1880, which affirmed an order of Special Term vacating an attachment herein.
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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of Kew York, made December 6, 1880, which affirmed an order of Special Term vacating an attachment herein. The attachment was levied upon certain real estate.' The motion to vacate was made by Kelson Sherwood, upon the papers upon which the attachment was granted and upon his affidavit showing that after the levy, but before judgment, defendant conveyed to him a part of the lands levied upon, he taking title without knowledge of the levy. Reasons were also assigned for delay in making the motion.…
1Opinion of the CourtAndrews, J.
Sherwood acquired, by his conveyance from Hart, an interest in the land attached, and was, therefore, entitled to move to vacate the attachment, under section 682 of the Code. The right of third persons to move, is not confined to persons who have acquired liens or' interests, by proceedings in invitum, against the defendant in the attachment. The language of the section, does not admit of this limitation; nor does there seem to be any reason why a person who has acquired an interest by voluntary transfer from the defendant, should not be permitted to-stand in his place, in respect to the…
2Cases cited1 opinion
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1878
3Cited by13 opinions
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1899
- Lewinsohn v. Kent & Stanley Co.New York Supreme Court · 1895
- Doheny v. WordenAppellate Division of the Supreme Court of the State of New York · 1902
- California Packing Corp. v. Kelly Storage & Distributing Co.Appellate Division of the Supreme Court of the State of New York · 1919
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