Adams v. Dyer
New York Supreme Court
JUDGMENTS, in each of the above causes, were 7 signed, filed, and docketed on the 8th of October, 1810; . , - „ . , r a,7 , . , m the first cause, in the city of Albany, and, in the second cause, in the city of New-York.
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JUDGMENTS, in each of the above causes, were 7 signed, filed, and docketed on the 8th of October, 1810; . , - „ . , r a,7 , . , m the first cause, in the city of Albany, and, in the second cause, in the city of New-York. Op the same day, the 8th of October, a fieri facias was isshed in the first cause, and delivered to the sheriff of Albany, on which J was endorsed, “ Levy 110 dollars, with interest, from , r ’ . J . , , ’ the 1st or October, 1810, till paid, with the sheriff s fees.” Under this execution the sheriff, on the 11th of October, 1810, advertised the real property of the defendant…
1Per curiam
The judgments in these cases were signed and filed on the same day, and even if the court were at liberty (of which they very much doubt, when they compare and consider the several provisions in our laws on the subject) to inquire into the fractional parts of the day, in order to see which record was first filed, the affidavits exhibited leave the point doubtful, as to the precise time of the day in which the rolls were filed, or which was, in fact, prior in time. We must then consider the judgments equal, as to the date of the lien, and the next question is, whether any priority hath been…
2Cited by16 opinions
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