Legal Opinion

Mascraft v. Van Antwerp

New York Supreme Court

Decided October 15, 1824PublishedCited by 4 opinions

May ltth,t 824, afi. fa. was issued, and delivered to the-Sheriff of Albany, in favour of Stephen P. Schuyler, against Benjamin Coveil, for $60,09, on a judgment obtained in a Justice’s Court, a transcript whereof had been filed in the Clerk’s office, May 6th, 1824. On this execution, the Sheriffadvertised for sale two small lots in Watervliet, to be sold June 23d, 1824. The execution upon Schuyler's judgment was delivered to the Sheriff on the 11 th May, 1824, and on the…

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May ltth,t 824, afi. fa. was issued, and delivered to the-Sheriff of Albany, in favour of Stephen P. Schuyler, against Benjamin Coveil, for $60,09, on a judgment obtained in a Justice’s Court, a transcript whereof had been filed in the Clerk’s office, May 6th, 1824. On this execution, the Sheriffadvertised for sale two small lots in Watervliet, to be sold June 23d, 1824. The execution upon Schuyler's judgment was delivered to the Sheriff on the 11 th May, 1824, and on the same day another^, fa. was delivered toa deputy of the same Sheriff against Covell, in favour of John V. Fassett and…

1Opinion of the Court

Curia.

As the Sheriff advertised on one execution only, he can state no other in the certificate or deed of sale; but the whole sum bid by Mascraft should be inserted, that the debtor or a creditor, coming to redeem, may know the amount of principal and interest he is to pay, and the purchaser, on the other hand, be secure of receiving the amount which he has paid.

Rule accordingly.

2Cited by4 opinions

  1. Van Camp v. . SearleNew York Court of Appeals · 1895
  2. Husted v. DakinNew York Supreme Court · 1857
  3. Bliss v. WatkinsSupreme Court of Alabama · 1849
  4. Husted v. DakinNew York Supreme Court · 1857

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