Millard v. . McMullin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. (Reported below, 5 Hun, 572.) This action was brought to recover certain premises sold on execution against defendant John McMullin, and to have a deed thereof, held by defendant Bell, declared a lien only.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. (Reported below, 5 Hun, 572.) This action was brought to recover certain premises sold on execution against defendant John McMullin, and to have a deed thereof, held by defendant Bell, declared a lien only. The facts, as found by the court, are substantially as follows : Morgan Lewis, being the owner of the land in question, on the 1st day of February, 1830, did, by an instrument in writing under his…
1Opinion of the Court
Church, Ch. J.
The general question upon the merits is whether John McMullin had any title to the premises in controversy on the 7th day of December, 1867, upon which the judgment docketed on that day against him in favor of the plaintiff and one Frisbie was a lien. The plaintiff claims title by virtue of a sale upon an execution issued upon that judgment, and a sheriff’s deed given in pursuance thereof. A brief reference to the leading facts is pertinent to a proper understanding of the points involved. In 1843, John McMullin and his brother, Daniel, succeeded by devise to the title of their…
2Cases cited4 opinions
- De Peyster v. . MichaelNew York Court of Appeals · 1852
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Briggs v. ProsserNew York Supreme Court · 1835
- Springstein v. SchermerhornNew York Supreme Court · 1815
3Cited by12 opinions
- Sherman v. . KaneNew York Court of Appeals · 1881
- Baker v. . OakwoodNew York Court of Appeals · 1890
- Bostwick v. . FrankfieldNew York Court of Appeals · 1878
- Barrett v. StradlWisconsin Supreme Court · 1889
- Zapf v. CarterAppellate Division of the Supreme Court of the State of New York · 1902
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