Legal Opinion

Higgins v. McConnell

New York Supreme Court

Decided April 11, 1890PublishedCited by 2 opinions

Appeal from special term. Action by Abel R. Higgins against Abigail McConnell and another. Defendant McConnell appeals from a judgment overruling her demurrer to the complaint.

1Opinion of the CourtDwight, P. J.

The action was brought to determine conflicting claims of title to the interest of the purchaser in a contract for the purchase and sale of lands, and for specific performance of the contract. The sufficiency of the complaint depends upon the question whether such interest is subject to sale on execution, after judgment against such purchaser in an action in which an attachment had been issued, and proceedings taken thereon, as in case of the levy of an attachment. We regard the statute as conclusive against the theory of the complaint. Section 644 of the Code of Civil Procedure permits the…

2Cases cited1 opinion

  1. Sage v. . CartwrightNew York Court of Appeals · 1853

3Cited by2 opinions

  1. Mitchell Vance Co. v. DaikerNew York Court of Common Pleas · 1892
  2. Macauley v. SmithNew York Court of Appeals · 1892

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