137 N.Y.S. 1066 | N.Y. App. Div. | 1912
Ann Maria Miller died on the 4th day of September, 1893, seized in fee of certain real estate which the plaintiff in this action seeks to have charged with the payment of two deficiency judgments against an administrator of the said decedent, basing her right to that relief upon the following facts: The said decedent owned two leaseholds upon one of which she had given
The administrator could not have created a valid lien upon
The interlocutory judgment is reversed, with costs, and the demurrer is sustained, with costs", with leave to the plaintiff to serve an amended complaint on payment of costs in this court and in the court below.
Ingraham, P. J., Laughlin, Scott and Dowling, JJ., concurred.
Judgment reversed, with costs, and demurrer sustained, with costs, with leave to plaintiff to amend on payment of costs.