Jackson ex. dem. Spencer v. Benedict
New York Supreme Court
THIS was an action of ejectment for lot No. in Fabius, set down to be tried, at the Onondaga circuit, in June, 1816, and the facts being agreed to by the parties, the following case .was submitted to the court.
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THIS was an action of ejectment for lot No. in Fabius, set down to be tried, at the Onondaga circuit, in June, 1816, and the facts being agreed to by the parties, the following case .was submitted to the court. Ebenezer Bebeé, on the 9th of July, 1814, recovered iudg- • , • . ' * -J3 7. , , J ° ment in this court, against Oilbert Benedict, to whom the pre- ° r mises in question belonged; and who, on the 22d July, 1814, was imprisoned on a ca. sa. issued on that judgment, returnable ift jít^usíteprii, 1814. -Duririg the time, he was so. impfisonedg ■ Samuil S,-Baldwin recovered a judgment…
1Per curiam
Both parties claim title to the premises in question, under judgments against Gilbert Benedict, in whom the title is admitted to have been duly vested, The judgment under Which the lessor of the pláintiíí claims was first dpcké.ted 5 pnd, admitting that, in ordinary cases- between judgment eredi.tOrs, this would give it priority*' yet, under the circurnslanceS of this case, it must ,be postponed, and preference given to -thé second judgment. On the first-judgment, which was -obtained in this court, a ca:ia. was issuedpand the defendant, Gilbert Benedict, was arrested and imprisoned thereon.…
2Cited by9 opinions
- Campbell v. MorganNew York Supreme Court · 1893
- Foot v. DillayeNew York Supreme Court · 1873
- Griswold v. HillU.S. Circuit Court for New York · 1825
- Stiles ex dem. Miller & McDonald v. MurphyOhio Supreme Court · 1829
- Koning v. BayardU.S. Circuit Court for the District of Southern New York · 1829
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