Yates County National Bank v. Carpenter
New York Court of Appeals
Appeal from order of' the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of June, 1888, which reversed an order of the County Court of Yates county, releasing, discharging and setting aside a levy upon execution on certain real property of the defendant Zeno T. Carpenter. The facts, so far as material, are stated in the opinion. The home bought by the pensioner with his pension money is exempt from levy and sale under an execution.
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Appeal from order of' the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of June, 1888, which reversed an order of the County Court of Yates county, releasing, discharging and setting aside a levy upon execution on certain real property of the defendant Zeno T. Carpenter. The facts, so far as material, are stated in the opinion. The home bought by the pensioner with his pension money is exempt from levy and sale under an execution. (Code Civ. Pro. § 1363; Stockwell v. Nat. Bank, 36 Hun, 583; Burgett v. Fancher, 35 id. 647; Tillotson v. Wolcott, 48…
1Opinion of the Court
Buoeb, Ch. J.
In March, 1882, the Yates County National Bank recovered a judgment in Justice’s Court against Zeno T. Carpenter and others, for about $111, and caused a transcript thereof to be filed in the county clerk’s office, July 17, 1884. In June, 1884, the United States government issued and delivered an invalid pension certificate to Zeno T. Carpenter, as a soldier in the United States army, which was deposited by him in the First National Bank of Yates county, for collection, in July, 1884. In October, 1884, Carpenter purchased and took a conveyance of a dwelling-house and lot in the…
2Cases cited4 opinions
- Hudson v. PletsNew York Court of Chancery · 1844
- Tillotson v. . WolcottNew York Court of Appeals · 1872
- Wygant v. SmithNew York Supreme Court · 1869
- Andrews v. RowanNew York Supreme Court · 1864
3Cited by78 opinions
- Surace v. DannaNew York Court of Appeals · 1928
- McIntosh v. AubreySupreme Court of the United States · 1902
- State ex rel. Smith v. Board of County CommissionersSupreme Court of Kansas · 1931
- Bagnall v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1947
- Blalock v. CITY OF PORTLANDOregon Supreme Court · 1955
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