Van Rensselaer v. Shafer — 29 N.Y. St. Rep. 471

Majority

p. 471

Stephen Van Rensselaer, Resp’t, v. John Jost Shafer, App’lt.

(Supreme Court, General Term, Third Department,

Filed February 4, 1890.)

Headnote

Ejectment—Presumption of satisfaction of judgment.

Where an action was brought to recover possession of a farm, for nonpayment of rent, under a manorial lease in perpetuity, and judgment was

p. 472

recovered in 1863, since which time nothing had ever been done by plaintiff under the judgment, and the defendant or his heirs had been in actual possession and occupation ever since, Held, that the judgment was presumed to be paid under Code Civ. Pro., § 376.

Appeal from order granting leave to issue a writ of possession.

W. Youmans, for app’lt; W. S. Dyer and G. L. Stedman, for resp’t.

This case is similar to that of the same plaintiff against Wright A similar judgment was recovered in 1863. Shafer died in 1866. No execution was ever issued. Notice of application was served on children of Shafer and on occupants of the land. The judgment has been assigned to Church. No letters-of administration or testamentary have been issued on Shafer’s estate. He and his heirs have been in actual possession and occupation of the premises ever since the judgment. The application is made under Code, § 1376.

The decision in the other case controls this.

Order reversed, with ten dollars costs and printing disbursements, and motion denied.

Landon, J., concurs.

The case is in every substantial particular like that of Van Rensselaer v. Wright; and the order in this case should be reversed on the same grounds as a similar order in that case is, reversed. The opinion in the Wright case governs this.

Order reversed, with costs and disbursements.