Bates v. Lidgerwood Manufacturing Co.
New York Supreme Court
On reargument. 3 N. Y. Supp. 307. 1 Rev. St. N. Y. p. 744, § 4, (3 Rev. St. 7th Ed. p. 2201, § 4,) provides that “the interest of any person holding a contract for the purchase of lands shall not be bound by the docketing of any judgment or decree, nor be sold by execution upon any such judgment or decree. ”
1Opinion of the CourtBarnard, P. J.
Assuming that the trial court should have .admitted the decree in the New Jersey court of chancery, and the pleading upon which it was based, and assuming, further, that the deeds executed thereunder should also have been received, the evidence fails to show a title in the plaintiff. He derived his title from a purchaser at a sheriff’s sale under a judgment against a domestic corporation of this state known as the “ Fibre Disintegrating Company.” The judgment was recovered on the 13th of March, 1867. The lands are situated in Kings county, where the judgment was filed, but that company is not…
2Cases cited2 opinions
- Grosvenor v. AllenNew York Court of Chancery · 1841
- Sage v. . CartwrightNew York Court of Appeals · 1853