Myers v. Prefontaine
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charlotte Prefontaine, from an order of the Supreme Court, made at the Albany Special Term, and ■entered in the office of the clerk of the co.unty of Rensselaer on the -3d day of January, 1899, denying her motion to vacate as to her the judgment entered in the above-entitled action and all proceedings had therein, so far as they affect her.
1Opinion of the Court
Merwin, J.:
On the 28th of September, 1898, judgment was entered in this action in favor of the plaintiff for the sale of certain real estate in the city of Troy, for the payment of a lien or charge on the property under the will of Thomas Myers, deceased, and for the payment of the costs of the action. The action was brought to establish •the lien. The property, as appears by the allegations in the complaint, as well as in the moving papers of the appellant, was owned by the appellant. The judgment is in form similar to that usually ■entered upon the foreclosure of a mortgage. ¡No judgment…
2Cases cited2 opinions
- Denton v. NoyesNew York Supreme Court · 1810
- Nordlinger v. De MierNew York Supreme Court · 1889
3Cited by3 opinions
- Wichlenski v. WichlenskiAppellate Division of the Supreme Court of the State of New York · 1979
- Stock v. MannAppellate Division of the Supreme Court of the State of New York · 1930
- Duimo v. ArbuckleAppellate Division of the Supreme Court of the State of New York · 1915