87 N.Y.S. 597 | N.Y. Sup. Ct. | 1904
The defendant Gillette, the owner of a judgment recovered August 16, 1893, against the plaintiff’s grantor, asks that provision be made in the judgment of partition herein for the payment of said judgment, to which the plaintiff objects on the ground that he is a subsequent purchaser of the premises from the judgment debtor, and that
So we must conclude that at that late day, when the owner of the judgment had no legal remedy by which he could collect out of this real estate before the expiration of the lien, the plaintiff was still recognizing that the owner of the judg
But the plaintiff seeks to justify his position by the decision of the surrogate denying leave to issue the execution. In other words, after action brought, and after he admitted
The usual findings and interlocutory judgment may be prepared and served, and if not agreed upon may be settled upon five days’ notice, and will direct the payment of the judgment to Gillette from the' plaintiff’s one-sixth interest in said premises, together with costs to said defendant.
Judgment accordingly.