Titus v. Lewis
New York Supreme Court
Ejectment, tried at the Onondaga circuit in Sept. 1847, before Justice Gridley, without a jury; a jury being expressly waived by the consent and agreement of the parties. The pleadings in the cause being produced, it appeared that the action was brought to recover possession of a parcel of land situated in the town of Otisco, in the county of Onondaga.
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Ejectment, tried at the Onondaga circuit in Sept. 1847, before Justice Gridley, without a jury; a jury being expressly waived by the consent and agreement of the parties. The pleadings in the cause being produced, it appeared that the action was brought to recover possession of a parcel of land situated in the town of Otisco, in the county of Onondaga. A statement of facts, agreed upon by the counsel for the respective parties, was thereupon presented and read to the said justice ; which, statement was in the following words: On the 15th day of April, 1840, a judgment was perfected and…
1Opinion of the Court
By the Court,
Gp„idley, J.
It is contended by the defendant’s counsel that the first sale of the premises exhausted the lien of the judgment under which it was made; and that, as a necessary consequence, the second sale for the unsatisfied balance, and the title of the plaintiff derived under it, are void. The general proposition that a sale of lands under a judgment destroys the lien of the judgment on those lands, is not to be disputed. (Hewson v. Deygert, 8 John. Rep. 333. Ex parte Stevens, 4 Cowen, 133.) It was however competent for the legislature to alter this rule; and they have done so…
2Cases cited1 opinion
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- Hunter v. SeeryAppellate Division of the Supreme Court of the State of New York · 1923
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