Vandemark v. Schoonmaker
New York Supreme Court
Appeal from an order denying a motion for an injunction to stay waste. The plaintiff was a judgment creditor of the defendant’s devisor, with judgment liens on the premises on which it was alleged the defendants were committing waste.
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Appeal from an order denying a motion for an injunction to stay waste. The plaintiff was a judgment creditor of the defendant’s devisor, with judgment liens on the premises on which it was alleged the defendants were committing waste. The complaint alleged, among other things, “ that said judgments have not been paid, or any part thereof; that the said Frederick W. Schoonmaker departed this life about the-day of-1872; that the personal estate of the said Schoonmaker has been settled by the executor under the will of the said Schoonmaker, and that under the decree and directions of the…
1Opinion of the Court
Bocees, J.:
The denial of the injunction order at Special Term was based on the assumption that the plaintiff, as judgment creditor, and having but a general lien on the lands, had no standing in the court.to claim its protection against the commission of waste thereon by the defendants. Perhaps this position would be sound in case no other facts were alleged, than such as showed the general lien and the acts of waste; and, indeed the authorities sustain this position. But the question here presented is of broader import on the facts laid before the court. It is averred that the premises are…
2Cases cited7 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Gardner v. HearttNew York Supreme Court · 1846
- Herkimer v. . RiceNew York Court of Appeals · 1863
- Yates v. JoyceNew York Supreme Court · 1814
- Lanning v. . CarpenterNew York Court of Appeals · 1872
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