People, Ex Rel. Short v. . Bacon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 24, 1884, which affirmed a judgment dismissing an alternative writ of mandamus issued herein.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 24, 1884, which affirmed a judgment dismissing an alternative writ of mandamus issued herein. The relators sought by ma/ndamus to compel the sheriff of Ontario county to treat with them as judgment creditors of one George M. Spring, and as such entitled to redeem certain lands theretofore owned by him, and known as lot 5 in East Bloomfield, Ontario county. They failed, because in the opinion of' the court their judgment was not a lien upon the premises. The…
1Opinion of the CourtDanforth, J.
It is impossible to find any error in the decision which followed the findings of the trial court. The effect of a judgment at law and the right of a judgment creditor are defined by statute, and the learned counsel for the appellants shows no provision upon which his claim can stand.
First, the foreclosure : The relators’ lien or right, whatever it may have been, upon the land or interest of the mortgagor or judgment debtor was 'subsequent to the' mortgage. (Spring v. Short, 90 N. Y. 538.) They were parties to the foreclosure, and the conveyance in pursuance of it was an entire bar against…
2Cases cited4 opinions
- Spring v. . ShortNew York Court of Appeals · 1882
- Wintringham v. LafoyNew York Supreme Court · 1827
- Briggs v. . DavisNew York Court of Appeals · 1859
- Briggs v. PalmerNew York Supreme Court · 1855
3Cited by6 opinions
- Paddell v. JanesNew York Supreme Court · 1914
- Delafield v. WhiteNew York Supreme Court · 1887
- McCasland v. ParrishSupreme Court of Oklahoma · 1954
- Cook v. John Schroeder Lumber Co.Supreme Court of Minnesota · 1902
- Delafield v. WhiteNew York Supreme Court · 1887
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