New York Supreme Court, 1826

Roe v. Swart

Roe v. Swart
New York Supreme Court · Decided February 15, 1826
5 Cow. 294

Counsel

C. H. Ruggles moved for a rule applying the avails ol the sale to the execution on the last judgment:, W. Mulock, contra.

Roe v. Swart

Opinion of the Court

Curia.

The statute is, that all judgments thereafter to be rendered, should cease to be a lien or incumbrance on any real estate, as against bona fide purchasers, or subsequent incumbrancers, by mortgage, judgment, or otherwise, from and after ten years from the time of docketing. The words leave no room for doubt or construction; and the motion must be granted. Clearly the plaintiff cannot enlarge the lien by the mere act of issuing execution.

Motion granted.

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