Terry v. Fuller

The only exception which seems to require consideration is that to the refusal of the referee to find that the defendant Fuller is entitled to share in the surplus by reason of the judgments which he held by assignment. The referee held that the judgments were liens on the land at the time of the sale, yet as more than ten years had elapsed after they were docketed before the surplus money proceeding was commenced, they had then ceased to be liens on the fund, and he cites Nutt v. Cuming, 155 N. Y, 309, as necessitating that conclusion. I do not think that *563case is in point. It was there held…