Beard v. Sinnott
The Superior Court of New York City
Appeal from a judgment in favor- of defendant. The action was to recover the possession of a lot of land in the city of New York. It was tried by a referee, whose findings of fact comprise all the statement, of facts necessary. He found that on October 3, 1851, one Oliver Johnston was the owner in fee of the premises. That on "the same day a judgment was recovered against Johnston, upon which an execution was issued and returned wholly unsatisfied.
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Appeal from a judgment in favor- of defendant. The action was to recover the possession of a lot of land in the city of New York. It was tried by a referee, whose findings of fact comprise all the statement, of facts necessary. He found that on October 3, 1851, one Oliver Johnston was the owner in fee of the premises. That on "the same day a judgment was recovered against Johnston, upon which an execution was issued and returned wholly unsatisfied. That Johnston, who was an inhabitant of the city of Hew York, died intestate, in October, 1852, and letters of administration were issued upon his…
1Opinion of the Court
By the Court.—Monell, Ch. J.
Oliver Johnston is the common source of title of each of the parties to this action. The plaintiff claims as his heir-at-law, and the defendant under a judgment recovered against Johnston in his life-time.
The judgment absolutely abated by the death of Johnston, and could not be enforced against his property without the institution of certain proceedings provided by law.
Until the adoption of the code of procedure, a resort was had to the writ of scire facias, to summon the representatives or heirs of the deceased debtor, to show cause why the judgment should not be…
2Cases cited4 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Wood v. . MorehouseNew York Court of Appeals · 1871
- Alden v. ClarkNew York Supreme Court · 1855
- Campbell v. RawdonNew York Supreme Court · 1854