Webber v. Ahearn

Appellate Division of the Supreme Court of New York

Webber v. Ahearn

155 A.D. 892, 140 N.Y.S. 12

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1913

StatusPublished

Cited by1 cases

This text of 155 A.D. 892 (Webber v. Ahearn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Webber v. Ahearn, 155 A.D. 892, 140 N.Y.S. 12 (N.Y. Ct. App. 1913).

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Opinion

Scott, J.

The appeal is taken by one Catherine R. Ahearn, not a party to the action, who claims to be in possession under a contract of sale, and to have been so since a period prior to the filing of the Us pendens. That she is so in possession is not denied, and it is manifest that the action cannot, under the circumstances, proceed to judgment until she is brought in. Nor should a receiver have been appointed until she was made a party. The order must, therefore, be reversed, with ten dollars costs and disbursements, and the motion for the appointment of a receiver denied, with leave to renew after the appellant has been brought in as a party. Ingraham, P. J., McLaughlin, Clarke and Dowling, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion denied, with leave to renew as indicated in opinion.

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Scott, J.

The appeal is taken by one Catherine R. Ahearn, not a party to the action, who claims to be in possession under a contract of sale, and to have been so since a period prior to the filing of the Us pendens. That she is so in possession is not denied, and it is manifest that the action cannot, under the circumstances, proceed to judgment until she is brought in. Nor should a receiver have been appointed until she was made a party. The order must, therefore, be reversed, with ten dollars costs and disbursements, and the motion for the appointment of a receiver denied, with leave to renew after the appellant has been brought in as a party. Ingraham, P. J., McLaughlin, Clarke and Dowling, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion denied, with leave to renew as indicated in opinion.

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Bluebook (online)

155 A.D. 892, 140 N.Y.S. 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webber-v-ahearn-nyappdiv-1913.

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