Fellows v. Kittredge
New York Marine Court
The plaintiff recovered judgment against the defendants December 31, 1874, for $525.86, and on the 5th day of July, 1876, the defendants were discharged from their debts and liabilities, by and under proceedings in bankruptcy, which resulted in such discharge on that day. The defendants now apply, under section 1268 of the Code of Civil Procedure, for an order discharging the judgment of record.
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The plaintiff recovered judgment against the defendants December 31, 1874, for $525.86, and on the 5th day of July, 1876, the defendants were discharged from their debts and liabilities, by and under proceedings in bankruptcy, which resulted in such discharge on that day. The defendants now apply, under section 1268 of the Code of Civil Procedure, for an order discharging the judgment of record. The plaintiff opposes the motion on the ground that the judgment which was duly docketed in Kings county is a lien upon two pieces of land therein situated, one of which was conveyed by the defendants…
1Opinion of the CourtMcAdam, J.
A judgment is not a specific lien on any particular real estate of the judgment debtor but a general lien upon all his real estate (Rodgers agt. Bonner, 45 N. Y., 379). In short, a judgment creditor has no jus in re but a mere naked power to make his general lien effectual by following up the steps of the law and consummating his judgment by execution and levy on the land (See Conrad agt. Insurance Co., 1 Peters, 387, 443). The new Code (sec. 1268) allows the judgment creditor two years after the bankrupt’s discharge to make his general lien effective; and whether he improves the opportunity…
2Cases cited1 opinion
- Rodgers v. . BonnerNew York Court of Appeals · 1871
3Cited by2 opinions
- Ennis v. DevlinNew York Marine Court · 1882
- Stern v. MeyerNew York Court of Common Pleas · 1894