Legal Opinion

Shotwell v. Murray

New York Court of Chancery

Decided September 27, 1815PublishedCited by 15 opinions

ON the 8th December, 1807, Munro obtained a judgment in the supreme court against Green, which became a lien on land of Green, in the town of Schuyler, in Herkimer county, being lot No. 50., in Cosby's Manor.

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ON the 8th December, 1807, Munro obtained a judgment in the supreme court against Green, which became a lien on land of Green, in the town of Schuyler, in Herkimer county, being lot No. 50., in Cosby's Manor. In August, 1811,1 a test.fi. fa. was issued on the judgment, and the lot, with other lands, was conveyed, by the sheriff, to the plaintiff, as the highest bidder, on the 12th of December, 1812. The defendant, afterwards, purchased twojudgments against Green, which were duly assigned to him, one of them docketed the 24th of April, 1799, and the other, on the 20th of December, 1803; and,…

1Opinion of the Court

The Chancellor.

The question is, whether the defendant lost the benefit of the lien of the elder judgment by selling the land under a younger judgment, without disclosing, at the time of sale, that he held, and intended to hold, the former judgment as a subsisting and valid encumbrance. The defendant admits that he attended the sale, and gave directions concerning it, and was himself a bidder; and that he was silent on the subject of the prior judgment. If the lien of that judgment, on the land so sold, be lost or impaired, it must be because his silence amounted to fraud in suffering the…

2Cited by15 opinions

  1. M. & C. Creditors Corp. v. PrattNew York Supreme Court · 1938
  2. Newburgh Savings Bank v. Town of WoodburyNew York Court of Appeals · 1903
  3. Childs v. StoddardMassachusetts Supreme Judicial Court · 1881
  4. Bowden v. OwenNew York Supreme Court · 1918
  5. Osburn v. ThrockmortonSupreme Court of Virginia · 1893

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