Fuller v. Scribner
New York Supreme Court
Appeal from an order made at Special Term, denying a motion made by the plaintiffs to compel George H. Purser, the purchaser at the sale made under a judgment of foreclosure and sale of mortgaged premises, to complete his purchase, etc The action was commenced by filing the complaint and notice of pendency of action in the Westchester county clerk's office, and making personal service of summons on Sarah P. Scribner and Patrick Kelly, two of the defendants, on the 17th day…
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Appeal from an order made at Special Term, denying a motion made by the plaintiffs to compel George H. Purser, the purchaser at the sale made under a judgment of foreclosure and sale of mortgaged premises, to complete his purchase, etc The action was commenced by filing the complaint and notice of pendency of action in the Westchester county clerk's office, and making personal service of summons on Sarah P. Scribner and Patrick Kelly, two of the defendants, on the 17th day of September, 1877 ; followed by subsequent service on the other defendants. It appeared that James M. Thorburn and…
1Opinion of the Court
BabNaed, P. J.:
The question whether a judgment-creditor was an incumbrancer, within the meaning of section 132 of the Code, was not presented by the facts of the case in Rodger v. Bonner (45 N. Y., 379). In that case a levy had been made by attachment upon certain lands. Before judgment was obtained in the attachment suit another creditor recovered judgment, and the Court of Appeals decided that the levy took precedence of the judgment recovered after the levy; that the levy created a lien, and that the judgment was subject to all prior liens, whether the creditor knew of the lien or not. The…
2Cases cited5 opinions
- Lamont v. . CheshireNew York Court of Appeals · 1875
- Rodgers v. . BonnerNew York Court of Appeals · 1871
- Cleveland v. . BoerumNew York Court of Appeals · 1862
- Cleveland v. BoerumNew York Supreme Court · 1858
- People's Bank v. Hamilton Manufacturing Co.New York Court of Chancery · 1843