Ex parte Lawrence
New York Supreme Court
Toll obtained judgment against Chandler, and bid off Chandler’s land in Camillus, Onondaga county, on afi. fa. at $30, May 8th, 1823. Drake having a junior judgment for 82 55 against Chandler and one Hopping, assigned it to Lawrencé, who sued out a fi.fa. on which the sheriff made 43 dollars by a sale of Chandler’s personal property; and then levied on Hopping’s personal property to an amount sufficient to satisfy the fi. fa. and took a receipt for it.
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Toll obtained judgment against Chandler, and bid off Chandler’s land in Camillus, Onondaga county, on afi. fa. at $30, May 8th, 1823. Drake having a junior judgment for 82 55 against Chandler and one Hopping, assigned it to Lawrencé, who sued out a fi.fa. on which the sheriff made 43 dollars by a sale of Chandler’s personal property; and then levied on Hopping’s personal property to an amount sufficient to satisfy the fi. fa. and took a receipt for it. The sale of Hopping’s property was delayed from time to time, by Lawrence’s directions, till, in August, 1824, Lawrence claimed of the sheriff…
1Opinion of the Court
Curia.
Clearly this motion must he denied. The'levy ón the personal property of Hopping, to an amount sufficient to satisfy Lawrence’s execution operated per se, a-s an extinguishment of his judgment. This has been often held. (Clerk v. Withers, 2 Ld. Raym. 1072. l Salk. 322. S. C. Ladd v. Blunt, 4 Mass. Rep. 403. Hoyt v. Hudson, 12 John. Rep. 207. Reed v. Pruyn & Staats, 7 id. 428-91) Lawrence’s judgment ceased to he a lien from the'time oí the levy, and. of course "he could not redeem. (Matter of Hurd, 3 Cowen’s Rep. 35. Mutter of Marsh, id. 69.)
Motion .denied
2Cases cited1 opinion
- Hoyt v. HudsonNew York Supreme Court · 1815
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- Briggs v. . EvansSupreme Court of North Carolina · 1844
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