Howell v. Baker
New York Court of Chancery
BILL filed January 19th, 1818, to redeem land, purchased by C. Baker, defendant, at the sheriff’s sale, under circumstances which, as was alleged, constituted him a trustee for P. Howell, the defendant in the execution. A judgment was recovered in September, 1809, in the Ulster Court of C. P. against P. JL, at the suit of J. R. Boyd, for 112 dollars and 95 cents, in which suit C. B., the defendant, and another, were the attorneys for the plaintiff.
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BILL filed January 19th, 1818, to redeem land, purchased by C. Baker, defendant, at the sheriff’s sale, under circumstances which, as was alleged, constituted him a trustee for P. Howell, the defendant in the execution. A judgment was recovered in September, 1809, in the Ulster Court of C. P. against P. JL, at the suit of J. R. Boyd, for 112 dollars and 95 cents, in which suit C. B., the defendant, and another, were the attorneys for the plaintiff. A ft. fa. was issued, and in 1810, the property of P. if, being a house and about forty acres of land, was advertised for sale. On the 29th of…
1Opinion of the Court
The Chancellor.
The defendant B. was one of the attorneys to the execution under which the sheriff sold the land, and it might be a question whether an attorney can, in such case, become a purchaser for his own benefit. He is the agent of the plaintiff, and generally, has the-control"of the execution, and may direct the time and place of sale. It is well known that the sheriff receives his instructions from the attorney, and usually follows them, under the general regulations of the statute, in pressing, or in postponing the sale, and as to the terms to be prescribed, and the particular parts…
2Cited by20 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Graffam v. BurgessSupreme Court of the United States · 1886
- Schroeder v. YoungSupreme Court of the United States · 1896
- Greenup v. CrooksIndiana Supreme Court · 1874
- Joseph Davis, Cory & Co. v. Chicago Dock Co.Illinois Supreme Court · 1889
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