O'Connor v. Schaeffel
City of New York Municipal Court
Action by Peter J. O’Connor against Bernhard Schaeffel to foreclose a mechanic’s lien on defendant’s leasehold interest in certain premises. Plaintiff purchased at the sale under the decree of foreclosure, and received the referee’s deed. Defendant having refused to surrender possession, plaintiff now asks for a writ of assistance.
1Opinion of the CourtMcAdam, C. J.
The writ of assistance, so far as foreclosures are concerned, is an old chancery writ, which exists independent of the statute. 4 Wait, Pr. 196. It may be had to enforce any judgment or order awarding the possession of real property, other than the common judgment, in a direct action for land. 2 Till. & S. Pr. 849, and see, also, Lynde v. O'Donnell, 12 Abb. Pr. 286, 21 How. Pr. 34; Insurance, etc., Co. v. Rand, 8 How. Pr. 85, 352. A writ of assistance, is, in ordinary cases, the process for giving possession of land under an adjudication, and will be granted upon the sale being confirmed, and…
2Cases cited2 opinions
- Lynde v. O'DonnellNew York Supreme Court · 1861
- Blanchard v. StraitNew York Supreme Court · 1853
3Cited by3 opinions
- In re SalovUnited States Bankruptcy Court, S.D. New York · 2014
- Kilpatrick v. Argyle Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Marcus v. AufsesCity of New York Municipal Court · 1902