Albany City National Bank v. Gaynor

New York Supreme Court

Albany City National Bank v. Gaynor

67 How. Pr. 421

CourtNew York Supreme Court

DecidedMarch 15, 1884

StatusPublished

Cited by5 cases

This text of 67 How. Pr. 421 (Albany City National Bank v. Gaynor) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Albany City National Bank v. Gaynor, 67 How. Pr. 421 (N.Y. Super. Ct. 1884).

Pincite

Opinion

Westbrook, J.

— The owner of a judgment which is a lien upon real estate seeks to obtain possession of the real estate through a receiver appointed in supplemental proceedings without a sale under the judgment. This cannot be done, for [424]*424it would be a practical repeal of the statutes providing for the sale of real estate under a judgment. It is useless, however, to reason. Bunn agt. Daly (24 Hun, 526) and Tinkey agt. Langdon (13 N. Y. Weekly Dig., 384; S. C., 25 Hun, 562) decide the exact question.

Motion denied, with ten dollars costs.

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Westbrook, J.

— The owner of a judgment which is a lien upon real estate seeks to obtain possession of the real estate through a receiver appointed in supplemental proceedings without a sale under the judgment. This cannot be done, for [424]*424it would be a practical repeal of the statutes providing for the sale of real estate under a judgment. It is useless, however, to reason. Bunn agt. Daly (24 Hun, 526) and Tinkey agt. Langdon (13 N. Y. Weekly Dig., 384; S. C., 25 Hun, 562) decide the exact question.

Motion denied, with ten dollars costs.

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Bluebook (online)

67 How. Pr. 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albany-city-national-bank-v-gaynor-nysupct-1884.

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