People ex rel. Collier v. Sheriff of Broome
New York Supreme Court
Redemption by judgment creditor. A motion was made in this case for a mandamus, requiring the sheriff to execute to the relator a deed of certain premises, to which he claimed to be entitled as a redeeming creditor. Two objections were interposed: 1. That the same premises had been subsequently redeemed by another creditor ; and 2. That the relator had not exhibited to the sheriff the proper evidence of the judgment under which he claimed to redeem.
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Redemption by judgment creditor. A motion was made in this case for a mandamus, requiring the sheriff to execute to the relator a deed of certain premises, to which he claimed to be entitled as a redeeming creditor. Two objections were interposed: 1. That the same premises had been subsequently redeemed by another creditor ; and 2. That the relator had not exhibited to the sheriff the proper evidence of the judgment under which he claimed to redeem. The premises were sold under an execution on the eighteenth day of July, 1835. On the eighteenth day of Octoher, 1836, the defendant in the…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The judgment debtor has ope year to redeem from the time of sale, 2 R. S. 370, § 45, which expired on the 18th July, 1836, inclusive ; and in case of his omission to do so, then any junior judgment creditor may redeem “ within three months after the expiration of such year.” If we count the nineteenth day of July, 1836, as we should do, the three months, commencing the beginning of that day, will expire on the eighteenth day of October following. The rule of computation of time in respect to notices, or where an act is to be done, in which we usually exclude the…
2Cited by14 opinions
- Drake v. ComptrollerAppellate Division of the Supreme Court of the State of New York · 1951
- Frazier v. CrowellCalifornia Supreme Court · 1877
- Appeal Printing Co. v. ShermanAppellate Division of the Supreme Court of the State of New York · 1904
- Cromelien v. BrinkSupreme Court of Pennsylvania · 1858
- Webb v. WatsonSupreme Court of Iowa · 1865
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