Bennett v. Crain
New York Supreme Court
Appeal from a final order of the county judge of Cortland county, made in summary proceedings, awarding to the plaintiff possession of land situated in Truxton, of which Almeron W. Crain died seized on the 15th day of June, 1876. For about twenty years preceding his death Almeron W. Crain had been in partnership with Perry P. Crain, under the firm name of Almeron W. Crain & Sou, and the firm made their promissory note of $1,000, payable to the plaintiff or bearer, on the…
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Appeal from a final order of the county judge of Cortland county, made in summary proceedings, awarding to the plaintiff possession of land situated in Truxton, of which Almeron W. Crain died seized on the 15th day of June, 1876. For about twenty years preceding his death Almeron W. Crain had been in partnership with Perry P. Crain, under the firm name of Almeron W. Crain & Sou, and the firm made their promissory note of $1,000, payable to the plaintiff or bearer, on the 21st day of March, 1865, upon which note a judgment in this court was recovered against Perry P. Crain, as surviving…
1Opinion of the Court
Hardin, R. J.:
Appellant took title tp the premises in question upon the death of Almeron W. Crain under his will, subject, however, to any equitable lien thereon which 'might arise in favor of the creditors of the deceased.
A recovery of a decree or judgment against the - personal representatives, as such, created no lien upon the said real estate. (In the Matter of the Estate of James, 4 Redf., 236; Lynch v. Patchen, 3 Dem., 58.) The judgment against the personal representatives of the deceased was not obligatory upon the heirs-at-law, the widow or devisees of the testator. (Sharpe v.…
2Cases cited7 opinions
- Despard v. . ChurchillNew York Court of Appeals · 1873
- Sharpe v. . FreemanNew York Court of Appeals · 1871
- Haight v. . BrisbinNew York Court of Appeals · 1885
- People Ex Rel. Higgins v. McAdamNew York Court of Appeals · 1881
- In Re the Distribution of the Proceeds of the Estate of FoxNew York Court of Appeals · 1883
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