Foot v. Dillaye
New York Supreme Court
THIS motion is made to stay all execution upon a judgment recovered by the plaintiffs in Oneida county October 9, 1866, and docketed in Onondaga county October 10, 1866. The defendant Dillaye was then the owner of a lot situated on James street, in the city of Syracuse.
Read the full summary
THIS motion is made to stay all execution upon a judgment recovered by the plaintiffs in Oneida county October 9, 1866, and docketed in Onondaga county October 10, 1866. The defendant Dillaye was then the owner of a lot situated on James street, in the city of Syracuse. On the 30th day of August, 1869, “The Trustees of the Episcopal Residence” in Syracuse purchased and took a conveyance of said lot, from F. C. Dillaye, for $22,500, fully paid, in good faith, for the residence of the bishop of the Protestant Episcopal Church for the diocese of central ¡New York.. The defendant appealed to the…
1Opinion of the CourtHardin, J.
When the “Trustees of the Episcopal .¡Residence” became the purchasers and grantees of the lot upon James street, a certificate had been filed in the clerk’s office of Onondaga county, and an entry made in the docket of the judgment recovered by the plaintiffs, of “the fact” of the “reversal” of the judgment. That entry was in full force, and operated to “discharge and cancel such docket” of the judgment. The certificate of “that fact” of reversal was sufficient authority. to the clerk of Onondaga county to discharge and cancel the docket. (3 R. S. 641, 5th ed. Laws of 1844, ch. 104.)
It is…
2Cases cited5 opinions
- Buchan v. SumnerNew York Court of Chancery · 1847
- Watson v. New York Central RailroadNew York Court of Appeals · 1872
- King v. . HarrisNew York Court of Appeals · 1866
- Jackson ex. dem. Spencer v. BenedictNew York Supreme Court · 1816
- King v. HarrisNew York Supreme Court · 1859
3Cited by2 opinions
- Dundee National Bank v. WoodNew York Supreme Court · 1890
- Crotty v. McKenzieThe Superior Court of New York City · 1877