Wood v. . Robinson
New York Court of Appeals
Appeal from the Superior Court of Buffalo. Action for the purpose of obtaining a judgment postponing the lien of a certain mortgage of real estate executed by Mrs. Mann and her husband, two of the defendants, to the Hollister Bank, to the lien of the plaintiff’s judgment against the husband of Mrs. Mann, and for the sale of so much of such real estate as might be necessary to satisfy the plaintiff’s claim.
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Appeal from the Superior Court of Buffalo. Action for the purpose of obtaining a judgment postponing the lien of a certain mortgage of real estate executed by Mrs. Mann and her husband, two of the defendants, to the Hollister Bank, to the lien of the plaintiff’s judgment against the husband of Mrs. Mann, and for the sale of so much of such real estate as might be necessary to satisfy the plaintiff’s claim. The complaint alleged that after the recovery of the plaintiff’s judgment and the return unsatisfied of execution thereon, the defendant, Curtis Mann, purchased the real estate in question…
1Opinion of the CourtDenio, J.
The case of Garfield v. Hatmaker (15 N. Y., 475) decides that there was no estate in Curtis Mann upon which the plaintiff’s judgment could attach as a lien. The plaintiff was not, therefore, entitled to relief in this action upon the footing of a suit to remove an impediment to the remedy at law. But the case cited decides that, under the 52d section of the statute relative to uses and trusts (1 R. S., 728), a trust resulted to the then existing creditors of the party advancing the purchase money (in this case of Mann), to the extent to which it might be necessary to satisfy their. demands.…
2Cases cited2 opinions
- In re HoweNew York Court of Chancery · 1828
- Garfield v. . HatmakerNew York Court of Appeals · 1857
3Cited by36 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Cary v. . WhiteNew York Court of Appeals · 1873
- Wood v. . MorehouseNew York Court of Appeals · 1871
- McCartney v. . BostwickNew York Court of Appeals · 1865
- Murphy v. . BriggsNew York Court of Appeals · 1882
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