Brown v. . Nichols
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, for the eighth district, reversing a judgment entered upon the report of Hon. Joseph G. Hasten, sole referee. The facts, material on the points made on this appeal, are as follows: The plaintiff recovered a judgment on the 9th Hovenibor, 1861, against Aaron D. Patchin, in an action commenced September 7th, 1861, to foreclose a mortgage given to him by Patchin.
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Appeal from a judgment of the General Term of the Supreme Court, for the eighth district, reversing a judgment entered upon the report of Hon. Joseph G. Hasten, sole referee. The facts, material on the points made on this appeal, are as follows: The plaintiff recovered a judgment on the 9th Hovenibor, 1861, against Aaron D. Patchin, in an action commenced September 7th, 1861, to foreclose a mortgage given to him by Patchin. The mortgaged premises were sold, by virtue of this judgment, December 5th, 1861, and a judgment for deficiency, being the sum of $10,887.02, was docketed December 12th,…
1Opinion of the Court
Earl, Ch. J.
1. Aside from .the effect the Eevised Statutes may have upon the subject, it will not be questioned that the lien the judgment creditor gets by virtue of the commencement of his equitable suit would survive the death of the debtor. (Storm v. Waddell, 2 Sand. Chan., 494.) The property then passes to the personal representatives charged with this lien. The assets are subject to this lien, and the debts of the debtor are to be paid out of them after this lien, like any other legal lien, has been first satisfied. It seems to me that the provisions of the Revised Statutes (2 R. S., 88,…
2Cases cited2 opinions
- Denton v. NoyesNew York Supreme Court · 1810
- Hamilton v. . WrightNew York Court of Appeals · 1868
3Cited by67 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Skyline Agency, Inc. v. Ambrose Coppotelli, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Wandling v. StrawWest Virginia Supreme Court · 1885
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1879
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