Acker v. White
New York Supreme Court
Error from the superior court of the city of New-York. White sued Acker in an action of replevin for taking a quantity of household furniture from the possession of E. Jessup, jun. levied upon by Acker, as sheriff of the city and county of New-York, by virtue of an execution against Jessup in favor of J. Seymour for $10,000. The levy was made 25th March, 1836. The plaintiff proved that on 3d March, 1837, the identical property in question was levied upon by J. Hillyer, Esq.…
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Error from the superior court of the city of New-York. White sued Acker in an action of replevin for taking a quantity of household furniture from the possession of E. Jessup, jun. levied upon by Acker, as sheriff of the city and county of New-York, by virtue of an execution against Jessup in favor of J. Seymour for $10,000. The levy was made 25th March, 1836. The plaintiff proved that on 3d March, 1837, the identical property in question was levied upon by J. Hillyer, Esq. then sheriff of the city and county of New-York, by virtue of an execution in favor of the city bank of Buffalo against…
1Opinion of the Court
By the Court,
Nelsoet, C. J.
We must assume that the levy by Hillyer was bona fide and effectual. It was followed up by taking actual possession of the goods a few days afterwards, when they were replevied by the plaintiff. The replevin put an end to the lien, 2 Dallas, 68-9 ; 1 Br. Ch. R. 427; though if found in the possession of the plaintiff, and, perhaps, out of it, unless protected by a bona fide purchase, or what would be deemed in law equivalent, the goods might be seized on the writ de retorno. Ibid.
What right then did the plaintiff acquire by virtue of the replevin, independently of…
2Cited by11 opinions
- First Nat'l Bk. of Oswego v. . DunnNew York Court of Appeals · 1884
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- McKinney v. PurcellSupreme Court of Kansas · 1882
- Hunt v. RobinsonCalifornia Supreme Court · 1858
- Welter v. JacobsonNorth Dakota Supreme Court · 1897
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