Legal Opinion

Ex parte Stevens

New York Supreme Court

Decided February 15, 1825PublishedCited by 5 opinions

J. R. Lawrence, (I. Hamilton same side,) moved for a mandamus, commanding Jonas Earll, jun. Esq. late Sheriff of the county of Onondaga, to convey certain premises to Robert Stevens.

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J. R. Lawrence, (I. Hamilton same side,) moved for a mandamus, commanding Jonas Earll, jun. Esq. late Sheriff of the county of Onondaga, to convey certain premises to Robert Stevens. The facts agreed upon by the counsel for the parties intérested were as follows: On the 23d March, 1822, all the right and title of Henry Field to lot No. 46, in Cámillus, Onondaga county, was sold by Hezekiah L. Granger, Esq. then Sheriff of that county, under a fi. fa. issued on a judgment in the Supreme Court, in favor of George Leitch, deceased, against Field and one Brackett, for $1843 54, docketed October…

1Opinion of the Court

Woodworth J.

who delivered the opinion of the Cour^ spoke to this effect:

• The two judgments which belong to Munro, were docketed in 1817; another, belonging to Cumpston, was docketed in 1819, and another, belonging to Stevens, in 1820; all being against Field, who owned the premises in question at the time of docketing. On Cumpston’s judgment, the Sheriff sold these premises to Gorham the 23d of March, 1822; and after the expiration of the 15 months, executed a conveyance (September 6th, 1823.) The bid of Gorham not amounting to the sum due on Cumpston’s judgment, he still remained a judgment…

2Cited by5 opinions

  1. Horn v. Indianapolis National BankIndiana Supreme Court · 1890
  2. Simpson v. CastleCalifornia Supreme Court · 1878
  3. Whiting v. ButlerMichigan Supreme Court · 1874
  4. Lauriat v. StrattonDistrict Court, D. Oregon · 1880
  5. Koning v. BayardU.S. Circuit Court for the District of Southern New York · 1829

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