Jackson ex dem. Noah v. Dickenson & Thompson
New York Supreme Court
THIS was an action of ejectment brought to recover a lot of land in Orange street, in the city of JVezo- York, m the occupation of the defendant, Thompson.
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THIS was an action of ejectment brought to recover a lot of land in Orange street, in the city of JVezo- York, m the occupation of the defendant, Thompson. The cause was tried before Mr. J. Van Ness, at the Nem-York sittings, in T\ 7 t m/y December, 1816« The premises in question formerly belonged to Ephraim Hart, against whom a judgment was docketed in favour of Joel Hart on the 5th of May, 1812, on a bond in the penalty of 30,000 dollars, conditioned for the payment of 15,000 dab a lors, and secured by a warrant of attorney. A fieri facias was issued on this judgment, returnable on the 16th…
1Opinion of the CourtYates, J.
The rule that a lis pendens in the court of chancery, (1 Johns. Chan. Rep. 576.) which must begin from the service of the subpoena after the bill is filed, is considered notice to a subsequent purchaser, so as to affect and bind his interest, cannot now be controverted; but according to the facts disclosed by the testimony in this case, it does not appear that the suit in chancery had been instituted when the sale took place. *316The deed, although subsequently executed by the sheriff, to t[le ]essor 0f the plaintiff for the premises in question, cannot then be illegal and inoperative, on the…
2Cases cited1 opinion
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