Vermont Marble Co. v. Wilkes

It has been held that, wh,ere a judgment is a lien upon real estate, the creditor must first endeavor to collect the judgment by the sale of the property under an execution, and that the court will not order the defendant to deliver possession of the property to the judgment creditor. Bank v. Gaynor, 67 How. Pr. 421; Bank v. Martin, 49 Hun, 571, 2 N. Y. Supp. 215. Nevertheless, section 2468 of the Code declares that the real property of the judgment debtor is vested in the receiver from the time when the order appointing the receiver, or a certified copy thereof, is filed with the clerk of…