Scott v. Howard
New York Supreme Court
In Equity. The bill in this suit was filed for the partition of a lot of land situate in the village of Waterford. Jacob T. Wager died seised of the premises on the 18th of August, 1844, leaving Mary Wager, his widow, and John H. Wager, Garret V. S. Wager, Mary Ann Gage, and Eliza Howard, his children, and the children of his deceased daughter Mary Eliza Hummer, him surviving.
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In Equity. The bill in this suit was filed for the partition of a lot of land situate in the village of Waterford. Jacob T. Wager died seised of the premises on the 18th of August, 1844, leaving Mary Wager, his widow, and John H. Wager, Garret V. S. Wager, Mary Ann Gage, and Eliza Howard, his children, and the children of his deceased daughter Mary Eliza Hummer, him surviving. Jacob T. Wager intermarried with Mary his wife, in December, 1837. Garret Y. S. Wager died intestate without lawful issue. John H. Wager, on the 10th of November, 1847, conveyed his share of the premises in question to…
1Opinion of the CourtPaige, J.
A judgment, after ten years from the time it is docketed, ceases to bind, or be a charge upon real estate, as against purchasers in good faith, and as against incumbrances *321subsequent to such judgment, by mortgage, judgment, decree, or otherwise. (2 R. S. 359, § 4.) But such judgment, after the expiration of the ten years, continues a lien on real estate, as against the defendant in the judgment, and his heirs, and as against the grantee of the defendant without valuable consideration. And where there are later judgments it ranks, in effect, as to such, as a junior judgment, (Ex parte Peru…
2Cases cited3 opinions
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- Little v. HarveyNew York Supreme Court · 1832
- Dunham v. MinardNew York Court of Chancery · 1834
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- Atlas Refining Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1900
- Pickett v. Buckner, Newman & Co.Mississippi Supreme Court · 1871
- Lawson v. JordanSupreme Court of Arkansas · 1858
- Trustees of Poor v. PrattCourt of Appeals of Maryland · 1856
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