Taylor v. Wynne

New York Supreme Court

Taylor v. Wynne

8 N.Y.S. 759, 30 N.Y. St. Rep. 352, 55 Hun 610, 1890 N.Y. Misc. LEXIS 1762

CourtNew York Supreme Court

DecidedFebruary 10, 1890

StatusPublished

Cited by1 cases

This text of 8 N.Y.S. 759 (Taylor v. Wynne) 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

Taylor v. Wynne, 8 N.Y.S. 759, 30 N.Y. St. Rep. 352, 55 Hun 610, 1890 N.Y. Misc. LEXIS 1762 (N.Y. Super. Ct. 1890).

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Opinion

Pratt, J.

Only two years of the lease were yet to run. It was, therefore, not real estate, (Code, § 1430;) and the judgment docketed on March 26th was not a lien upon it. It follows that the assignment of the lease by defendant on April 4th carried a clear title to the assignee. The execution against defendant was not issued till May 25th. The lease was not at that time the property of the defendant in the execution, was not subject to the lien of the judgment, and the attempted sale upon the execution was ineffectual to vest any title in the vendee. All these facts appeared in the petition, which was properly dismissed. Order affirmed, with $10 costs and disbursements.

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Pratt, J.

Only two years of the lease were yet to run. It was, therefore, not real estate, (Code, § 1430;) and the judgment docketed on March 26th was not a lien upon it. It follows that the assignment of the lease by defendant on April 4th carried a clear title to the assignee. The execution against defendant was not issued till May 25th. The lease was not at that time the property of the defendant in the execution, was not subject to the lien of the judgment, and the attempted sale upon the execution was ineffectual to vest any title in the vendee. All these facts appeared in the petition, which was properly dismissed. Order affirmed, with $10 costs and disbursements.

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Bluebook (online)

8 N.Y.S. 759, 30 N.Y. St. Rep. 352, 55 Hun 610, 1890 N.Y. Misc. LEXIS 1762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-wynne-nysupct-1890.

Opinion

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