Guilfoyle v. Pierce
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Catharine E. Pierce, from so much of an order of the, Supreme Court, entered in the office of the clerk of the, county of New York on the 12th day of June, 1896, as-denied her motion that David: J. Lees, as receiver, convey to Frances M. Pierce the premises No-. 511 Madison street, Brooklyn,, New York, mentionéd and described in a judgment entered in the above-entitled action, which provided, among other things, as. follows: " “ It is further…
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Appeal by the defendant, Catharine E. Pierce, from so much of an order of the, Supreme Court, entered in the office of the clerk of the, county of New York on the 12th day of June, 1896, as-denied her motion that David: J. Lees, as receiver, convey to Frances M. Pierce the premises No-. 511 Madison street, Brooklyn,, New York, mentionéd and described in a judgment entered in the above-entitled action, which provided, among other things, as. follows: " “ It is further ordered, adjudged and decreed, that said David J, Lees, receiver, within ten days after the service of a copy of this judgment,…
1Opinion of the Court
Williams, J.:
The part of the order appealed from should be reversed and an order made directing the receiver to convey the property to the *3transferee of the defendant. It was a proper order to make in the case unless somebody having an adverse interest jshould make an objection. The respondent had no interest to make any such objection. He had no interest whatever in the property. The plaintiff’s wife was not a party to the action, and had no right to object to the order. The order could not, in any event, have injured her, because , she is fully protected by the Us pendens tiled by her in…
2Cited by4 opinions
- Guilfoyle v. PierceAppellate Division of the Supreme Court of the State of New York · 1908
- Leopold v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1900
- Leopold v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1900
- Leopold v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1900