Rodgers v. . Bonner
New York Court of Appeals
Appeal from the judgment of the late General Term of the Supreme Court in the fifth judicial district, affirming a judgment for the defendants upon the report of a referee.
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Appeal from the judgment of the late General Term of the Supreme Court in the fifth judicial district, affirming a judgment for the defendants upon the report of a referee. This action was commenced for the purpose (1) of having a conveyance by the defendant, Bonner, to his wife, declared void as against the plaintiff’s judgments, (2) of establishing the priority of the lien of the plaintiff’s judgments upon said property conveyed, and for the payment of the proceeds of the sale thereof, in the hands of the sheriff, to the plaintiff to apply on these judgments; and (3) to restrain the sheriff…
1Opinion of the CourtGrover, J.
An attachment issued in an action pursuant to section 227 of the Code, is not a lien upon the property of the debtor, either real or personal, until the property is levied upon by the officer by virtue of such process. (Burkhardt v. McClellan, Court of Appeals, March, 1862; 15 Abb., 243, note; Leonard v. Vandenburg, 8 How., 77.) Por the purpose of a levy of an attachment upon real estate, it is not necessary that the officer should go upon or even see the land. (Burkhardt v. McClellan, supra; Perrin v. Everett, 13 Mass., 128.) As to personal property, the rule is different. As to the latter,…
2Cases cited1 opinion
- Perrin v. LeverettMassachusetts Supreme Judicial Court · 1816
3Cited by27 opinions
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- Elizabeth K. Knapp v. Walter P. McFarland Defendant-Appellee-Appellant, Sheriff of the City of New York, Appellant-AppelleeCourt of Appeals for the Second Circuit · 1972
- Metz v. State BankNebraska Supreme Court · 1878
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- State v. BrewsterSupreme Court of Vermont · 1898
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