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Home > History and Archaeology > History > A Digest of New York Statutes and Reports Volume 1; From the Earliest Period to the Year 1860
A Digest of New York Statutes and Reports Volume 1; From the Earliest Period to the Year 1860

A Digest of New York Statutes and Reports Volume 1; From the Earliest Period to the Year 1860


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 Excerpt: ...to the tenant in possession, was not made a party to the foreclosure. Lb. 9. Effect of agreement The power of the court to enforce delivery by a writ of assistance, is superseded by an agreement between the purchaser and the party in possession to reconvey on terms. Chancery, 1844, Toll v. Hiller, 11 Paige, 228. 10. Answer to the motion. An equitable claim upon the premises, set up by judgmentcreditors of the party in possession, who do not show any claim to the possession as against the purchaser, cannot be considered on motion for a writ of assistance, nor is it a ground for setting aside the writ. Supreme Ct., Sp. T., 1858, N. Y. Life Ins. & Trust Co. v. Rand, 8 Sow. Pr., 85; affirmed, Gen. K, 1853, 8 Id., 352. IX Motion may be ex parte. Where the judgment or decree contains an order that the party, or a purchaser, be let into possession--e. g., as in the usual judgment in foreclosure--a motion for a writ of assistance may be made ex parte. A defendant in possession must be presumed cognizant of the judgment; all that he can further require, is evidence of the title of the party claiming. If the sheriff's deed and the order confirming the sale is exhibited, and demand of possession made, it is sufficient; and if he does not comply, he is not entitled to notice of motion for the writ. Lb. (Approved in The Same v. Cutler, 9 Id., 407.) 12. No motion necessary. Itteems, that a writ of assistance is in the nature of an execution upon the judgment, and under the Code, may issue without an order. Ib. ASSISTANT JUSTICES' COURTS. District Courts Of The City Of New York. ASSOCIATIONS. Have no judicial power. A voluntary association--e. g., the order of Odd Fellows--cannot confer judicial powers on its officers or committees; the creation of judicial tribunals ...


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Product Details
  • ISBN-13: 9781130977660
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 564
  • Spine Width: 29 mm
  • Width: 189 mm
  • ISBN-10: 1130977668
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 993 gr

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A Digest of New York Statutes and Reports Volume 1; From the Earliest Period to the Year 1860
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