Legal Opinion

Blodget v. Blodget

New York Supreme Court

Decided September 15, 1871PublishedCited by 3 opinions

This was a motion to set aside a judgment in favor of the plaintiff of SI,834 06 docketed May 20, 1869, in Onondaga county clerk’s office, on the ground that it is void. The facts are these : The defendant left home June 28th, 1868, since which time he has not been heard from. He owned at the time about 150 acres of land, besides personal property. Search waa made for him, but it was fruitless.

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This was a motion to set aside a judgment in favor of the plaintiff of SI,834 06 docketed May 20, 1869, in Onondaga county clerk’s office, on the ground that it is void. The facts are these : The defendant left home June 28th, 1868, since which time he has not been heard from. He owned at the time about 150 acres of land, besides personal property. Search waa made for him, but it was fruitless. The plaintiff, a son of the defendant, died since the entry of the judgment, leaving a will, of which his brother Charles H. Blodget, Ms wife Mary E. Blodget, were executor ancf. executrix. Not hearing…

1Opinion of the CourtDoolittle, J.

I must assume the defendant iii this action was dead when it was commenced.

The judgment, therefore, is void; but it is an apparent lien or cloud on the real estate situate in the county of Onondaga, left by him.

The defendant died intestate, and his real estate descended to his children among whom is this Mary J. Howe, on whose behalf the motion is made.

She moves the judgment be declared void, and be set aside, in order to release her real estate from the apparent incumbrance.

The notice of motion was served on the plaintiff s executors, who appear and contest the motion.: Since the judgment…

2Cited by3 opinions

  1. Litzell v. HartWashington Supreme Court · 1917
  2. Mueller v. ReimerSupreme Court of Minnesota · 1891
  3. Ballard Savings & Loan Ass'n v. LindenWashington Supreme Court · 1936

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