Talbot v. Chamberlin
New York Court of Chancery
Theodore F. Talbot purchased all the interest of D. V. Chamberlin in a certain piece of land in Monroe county, under a judgment and execution against" Chamberlin who was in possession of the premises at the time of the sheriff’s sale. Talbot afterwards applied by petition to the vice chancellor of the eighth circuit, and obtained an order and injunction to restrain the defendants from the commission of waste, according to the provision of the revised statutes.
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Theodore F. Talbot purchased all the interest of D. V. Chamberlin in a certain piece of land in Monroe county, under a judgment and execution against" Chamberlin who was in possession of the premises at the time of the sheriff’s sale. Talbot afterwards applied by petition to the vice chancellor of the eighth circuit, and obtained an order and injunction to restrain the defendants from the commission of waste, according to the provision of the revised statutes. (2 R. B. 337, § S3.) The defendants, upon an affidavit that Chamberlin had no title to the land, that the heirs of E. Bordenot were…
1Opinion of the Court
The Chancellor.
There is no doubt that the acts of the defendants, as detailed in these papers, amount to such waste as was intended to be prohibited by the statute. The only question therefore is whether the petitioner obtained any interest in the premises by the sheriff’s sale, as against the defendant in possession, to entitle him to the benefit of this statutory provision.
Previous to the revised statutes, if the judgment debtor was in possession of land at the time of the sale thereof on an execution against him, he was estopped from denying that he had any interest in the land. The bare…
2Cited by10 opinions
- Wright v. Trustees of Corp. of Meth. Epis ChurchNew York Court of Chancery · 1839
- Griffith v. BeecherNew York Supreme Court · 1851
- Kellogg v. KelloggNew York Supreme Court · 1849
- Fosgate v. Herkimer Manufacturing & Hydraulic Co.New York Supreme Court · 1852
- Smock v. HendersonIndiana Superior Court · 1872
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