McMahon v. Cook
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elden. H. Cook, as sheriff of Oswego county,-Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 21st day of March, 1904, upon the decision of the court, rendered after a trial at the Oswego Special Term, setting aside a levy made by Albert Warren, as sheriff of Oswego county, upon certain real estate, and making permanent a temporary injunction restraining the…
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Appeal by the defendant, Elden. H. Cook, as sheriff of Oswego county,-Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 21st day of March, 1904, upon the decision of the court, rendered after a trial at the Oswego Special Term, setting aside a levy made by Albert Warren, as sheriff of Oswego county, upon certain real estate, and making permanent a temporary injunction restraining the defendant from selling such real estate.
1Opinion of the Court
Hiscock, J.:
The People of the State of Hew York secured a judgment against King and three other sureties upon a bond for $1,528.04 and execution was issued to the defendant and he proposed to collect the same out of some real estate belonging to King at the time said judgment was obtained and docketed. The trial court granted the judgment above referred to, enjoining said sale upon the ground that the real estate was purchased by King with pension money and was, therefore, exempt from levy and sale.
*152We think that King and the plaintiff as his representative and grantee were estopped by what…
2Cases cited6 opinions
- Storrs v. BarkerNew York Court of Chancery · 1822
- Robinson v. . WileyNew York Court of Appeals · 1857
- Hawley v. GriswoldNew York Supreme Court · 1863
- Fritz v. WordenAppellate Division of the Supreme Court of the State of New York · 1897
- Countryman v. CountrymanNew York Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Emerson v. KnappAppellate Division of the Supreme Court of the State of New York · 1909
- Omans v. Beeman, New York County Courts1910