Ex parte Shumway
New York Supreme Court
Redemption of lands. On the first day of August, 1845, the sheriff of Columbia county, by his deputy, sold certain lands belonging to Philo G. Shumway, by virtue of two judgments and executions against him, to John H. Mesick.
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Redemption of lands. On the first day of August, 1845, the sheriff of Columbia county, by his deputy, sold certain lands belonging to Philo G. Shumway, by virtue of two judgments and executions against him, to John H. Mesick. Within the tune allowed to judgment creditors to acquire the right of the purchaser, Martin Yan Dusen, as the attorney of Isaac Shumway, paid to the sheriff the amount of the bid of Mesick, with interest thereon, and delivered to him certified copies of the docket of a judgment in favor of I. Shumway, from a clerk’s office of this court and from the clerk of the county…
1Opinion of the Court
By the Court, Jewett, J.
The purchase by Shumway of the title of the purchaser at the sheriff’s sale was duly made, provided the affidavit of the true amount due on Shumway’s judgment was sufficient. This is required to be made by the creditor or by his attorney or agent. (2 R. S. 373, § 6, sub. 3.) The objection that the fact of Van Dusen being the attorney is not directly sworn to, is answered by the suggestion that his name appeared as plaintiff’s attorney in the copies of the docket. But I. am of opinion that the attorney for the plaintiff on the record cannot, by virtue of that character…
2Cases cited2 opinions
- Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
- Simonton v. BarrellNew York Supreme Court · 1839
3Cited by7 opinions
- People Ex Rel. Kenyon v. . SutherlandNew York Court of Appeals · 1880
- Hinkle v. LovelaceSupreme Court of Missouri · 1907
- People Ex Rel. Post v. RansomNew York Court of Appeals · 1949
- Bangs v. McIntoshNew York Supreme Court · 1857
- Aylesworth v. BrownNew York Supreme Court · 1850
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