Legal Opinion

Noyes v. Burton

New York Supreme Court

Decided May 2, 1859PublishedCited by 5 opinions

APPEAL from an order made at a special term, upon the report of a referee. The facts are detailed in the opinion of the court.

1Opinion of the Court

By the Court, Ingraham, J.

On a reference to ascertain who was entitled to the surplus on a sale of mortgaged premises, Bailey, one of the defendants, claimed the amount due him under the mechanics’ lien law, for work done upon the premises sold. This work was done for Wm. L. Johnson, contractor with Warren Beman and Josiah H. Burton, and the notice of lien was filed on. the 28th of September, 1857. Beman never held the title of the property. Burton, in whom the title was, conveyed the premises to Leeds by deed, May 16, 1857, which was recorded May 20,' 1857, and Leeds conveyed the premises to…

2Cited by5 opinions

  1. Warden v. SabinsSupreme Court of Kansas · 1887
  2. Reading Hardware Co. v. City of New YorkNew York Supreme Court · 1899
  3. Bowes v. New York Christian Home, &c.The Superior Court of New York City · 1883
  4. Hoffschlaeger Co. v. JonesHawaii Supreme Court · 1917
  5. McDermott v. McDonaldThe Superior Court of New York City · 1884

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