Benton v. . Hatch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 25, 1887, which reversed a judgment in favor -of plaintiff entered upon the report of a referee, and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. If a senior judgment-creditor redeem lands sold on a junior judgment, the senior judgment is not satisfied or affected in any manner.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 25, 1887, which reversed a judgment in favor -of plaintiff entered upon the report of a referee, and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. If a senior judgment-creditor redeem lands sold on a junior judgment, the senior judgment is not satisfied or affected in any manner. (3 B. S. [6th •ed.] 632, §§ 11, 16, 11,19, 80, 81; Ex parte P. I. Co., 1 Cow. 840; Van Horne v. McLaren, 2 Paige, 285; Emmett…
1Opinion of the CourtPotter, J.
The action is ejectment. The plaintifi bases his right to recover the premises described in the complaint upon a title derived from the sale of the premises under an execution issued upon a judgment recovered by George S. Jones against George "W. Stevens on the 9th day of February, 18Y5,.for the sum of $404.13, and which judgment was the first lien upon the lands and premises of said Stevens. On the eleventh of the same month judgments were also recovered against the said Stevens as follows, viz.: By the Cuba National' Bank for the sum of $1,3Y6.80; by Colerich for $3Y4.61; by Mills for…
2Cases cited3 opinions
- Schwarz v. . OppoldNew York Court of Appeals · 1878
- Craft v. . Merrill and AnotherNew York Court of Appeals · 1856
- People ex rel. Post v. FlemingNew York Supreme Court · 1847
3Cited by10 opinions
- Grant v. Pratt & LambertAppellate Division of the Supreme Court of the State of New York · 1903
- Hughes v. YoungArizona Supreme Court · 1941
- Adams v. . LawsonNew York Court of Appeals · 1907
- Bennett v. FishNew York Supreme Court · 1956
- Hill v. Board of Water & Sewer CommissionersNew York Supreme Court · 1894
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