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Hawes v. Hawes

139 N.Y.S. 639 Court N.Y. App. Div. Decision date 1913-01-17 English

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p. 639
HAWES v. HAWES.
(Supreme Court, Appellate Division, First Department.
January 17, 1913.)

Headnote

Execution (§ 410*)—Supplementary Proceedings—Sale of Stock.
An order directing a sale of certain stock of a judgment debtor should have directed a sale of -the debtor’s right, title, and interest in the stock.
[Ed. Note.—For other cases, see Execution, Cept. Dig. §§ 1180-1182; - Dec. Dig. § 410.*]
■ Appeal from Special Term, New York County.
Action by Flmer E. Hawes, assignee, etc., against Isabella B. Hawes. From an order directing a sale of certain stock of the judgment debtor,, defendant appeals.
Modified and affirmed.
See, also, 138 N. Y. Supp. 1120 .
Argued before INGRAHAM, P. J., and McLAUGHLIN, LAUGH-LIN, CEARKE, and SCOTT, JJ.
Charles L. Craig, of New York City, for appellant John G. Pheil, of New York City, for respondent.

The order should be modified, by directing a sale of the right, title, and interest of the judgment debtor in the stock in question, and, as so modified, affirmed, without costs. Settle order on notice.