Cook v. Kraft
New York Supreme Court
This was an appeal by the defendants from a judgment against them at Special Term. The plaintiff claimed to have certain judgments adjudged to be subsequent liens to her claims in equity against the premises described in the complaint.
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This was an appeal by the defendants from a judgment against them at Special Term. The plaintiff claimed to have certain judgments adjudged to be subsequent liens to her claims in equity against the premises described in the complaint. The findings of fact were to the effect that the defendant Banker recovered judgment, February 3, 1863, against the defendant Martin Kraft, which was docketed that day in New York county clerk’s office; and that on the 18th June, 1863, the defendant Reeve also recovered, and docketed in the same office, a judgment against Kraft. That, on the 1st May, 1867,…
1Opinion of the Court
By the Court —
Ingraham, P. J.
The case of Tallman v. Farley (1 Barb. S. C., 280) is not a case similar to the present. In that case the deed of the lots was left in escrow, under an agreement that the purchaser should go on and erect buildings thereon, and, when money sufficient had been expended on the building to secure the consideration money for the land and the amount of money advanced by the seller, the deed was to be delivered and a mortgage executed for the whole.
The judgments claimed in the case were recovered prior to delivering the deed, and the judgment creditor sought to be…
2Cases cited4 opinions
- In re HoweNew York Court of Chancery · 1828
- Keirsted v. AveryNew York Court of Chancery · 1832
- Burchard v. PhillipsNew York Court of Chancery · 1844
- Foster v. FoustSupreme Court of Pennsylvania · 1815
3Cited by7 opinions
- Effinger v. HallSupreme Court of Virginia · 1885
- Lindt v. UihleinSupreme Court of Iowa · 1902
- Honzik v. DelagliseWisconsin Supreme Court · 1886
- Wilson v. Butler CountyNebraska Supreme Court · 1889
- In re the Estate of GuarneriNew York Surrogate's Court · 1933
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