Hulbert v. Hulbert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Helen Story and others, as executors, etc., of a deceased creditor of the defendant, Fred W. Hulbert, from an order of the Supreme Court, made at the Wayne County Special Term and entered in the office of the clerk of the county of Seneca on the 31st day of August, 1914, directing the payment of certain judgment liens from the proceeds arising from the sale of the interest of one of the defendants in certain real property sold in this action.
1Opinion of the Court
Lambert, J.:
This is a proceeding in a partition action for an order distributing a portion of the avails of the sale of the real property-involved.
On March 1, 1904, St. Paul’s Church of the village of Waterloo, N. Y., recovered a judgment against the defendant Fred W. Hulbert for $906.84. On April 21, 1904, Leonard Story recovered two judgments against said Hulbert for the sums of $2,820.51 and $2,351.11 respectively.
In 1910 Hulbert inherited from his father an undivided one-third interest in the real estate which is the subject of this action. No proceedings for the enforcement of either…
2Cases cited3 opinions
- Adams v. DyerNew York Supreme Court · 1811
- In re Hazard's EstateNew York Supreme Court · 1893
- Hulbert v. HulbertNew York Supreme Court · 1914
3Cited by2 opinions
- Manhanaim Resort Corp. v. SamplesAppellate Division of the Supreme Court of the State of New York · 1989
- Niemi Bros. v. RosenbluhCity of New York Municipal Court · 1933