Hendrickson v. Beers
The Superior Court of New York City
This was an application by motion, to cancel two judgments made by a party on whose lands they were a lien, upon the ground that they had been paid, although not a party in the action in which they had been recovered.
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This was an application by motion, to cancel two judgments made by a party on whose lands they were a lien, upon the ground that they had been paid, although not a party in the action in which they had been recovered. Those two judgments were recovered in this court, against the defendant; the first in June, 1858,. for $1754.78, and the other in February, 1860, for $2155.67. Subsequently, the defendant became the owner of a lot in Twenty Second street in the city of New York, to which the applicant has acquired title. The first judgment was obtained by default and assigned to Messrs.…
1Opinion of the Court
By the Court, Garvin, J.
There are several reasons why the order appealed from in this case should be reversed. The motion is not made by the defendant, nor has the plaintiff any notice of the application, but it is made by a party who has no equities, so far as appears in the case, and there is no evidence before me but that there may be other persons who have an interest in sustaining the judg-' ment and keeping it on the record, to protect them or their title. This of itself, would be a sufficient answer to such an application. Neither of the parties to the record are in court, and there is…
2Cases cited3 opinions
- Baker v. Judges of Ulster Common PleasNew York Supreme Court · 1809
- Briggs v. ThompsonNew York Supreme Court · 1822
- Palmer v. HicksNew York Supreme Court · 1810