Beman v. Douglas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Martha J. Douglas and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Clinton on the 5th day of April, 1895, upon the decision of the court rendered after a trial at the Clinton Circuit, before the court without a jury, directing the foreclosure of an executory contract for the sale of land.
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Appeal by the defendants, Martha J. Douglas and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Clinton on the 5th day of April, 1895, upon the decision of the court rendered after a trial at the Clinton Circuit, before the court without a jury, directing the foreclosure of an executory contract for the sale of land. Nathan Beman, being the owner of the premises in question in this action, did, February 15, 1870, enter into a contract in writing under seal with Henry Yell, Amos Yell and Joseph Sampiea,, whereby Beman…
1Opinion of the Court
Landon, J.:
The trial court held that the purchasers under the sheriff’s deed could take only the actual interest which the execution debtor, N athan Beman, had in the premises at the time the judgment was. docketed against him, September 11, 1873, and that, as he had, November 5, 1870, by his assignment of the executory contract to Wead, under whom plaintiff holds, parted with all his interest, the sheriff’s grantees took nothing by the deed, and had nothing to protect by recording it. There is no evidence that William S. Douglas and John W. Beman, the purchasers at the sheriff’s sale, had…
2Cases cited3 opinions
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- In re DavidNew York Supreme Court · 1904
- S. Leto Construction Corp. v. Herkimer Construction Corp.New York Supreme Court · 1958
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