Legal Opinion

Clark's Case

New York Supreme Court

Decided August 15, 1862PublishedCited by 3 opinions

Motion to confirm report of referee. The petitioner, Martha E. Clark, filed a claim against $753.52, in the hands of the chamberlain of the city of Mew York, surplus moneys on a sale in foreclosure, in an action by Horace F. Clark against Margaret Clark, widow of Owen Clark, the executors of Owen Clark, and several others.

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Motion to confirm report of referee. The petitioner, Martha E. Clark, filed a claim against $753.52, in the hands of the chamberlain of the city of Mew York, surplus moneys on a sale in foreclosure, in an action by Horace F. Clark against Margaret Clark, widow of Owen Clark, the executors of Owen Clark, and several others. The petitioner had obtained a decree before the surrogate of the city and county of Mew York, against the estate of Owen Clark for $208.50, and a further decree for $175.74. These decrees were not docketed. Owen Clark by his will devised all his estate to his wife,…

1Opinion of the CourtClerke, J.

The provisions of the Revised Statutes to which the counsel of Margaret Clark refers me, are only applicable to -determine the priority of the liens of several creditors of a living or deceased debtor. Those provisions are also connected with other sections relative to the manner in which purchasers •or mortgagees should be affected.

A judgment filed and docketed after the decease of the defendant, undoubtedly does not bind real estate, but is to be. ■considered as a debt to be paid in the usual course of administration ; that is, it shall not be entitled to the preference which the law gives…

2Cited by3 opinions

  1. Second National Bank v. BlauveltNew Jersey Superior Court Appellate Division · 1888
  2. In re ClarkNew York Surrogate's Court · 1887
  3. Loucks v. Van AllenNew York Supreme Court · 1871

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