Bissell v. Payn
New York Supreme Court
IN ERROR, on certiorari to a Justice’s Court. Payn sued ^ it. • • /* i — — Sissell, before the Justice, m an action oí debt tor rent reserved on a written lease.
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IN ERROR, on certiorari to a Justice’s Court. Payn sued ^ it. • • /* i — — Sissell, before the Justice, m an action oí debt tor rent reserved on a written lease. It appeared, that during the term, anq before the rent had accrued, all the title and estate of J°., the lessor in the demised premises, were sold by the sheriff, on a judgment and execution, in favour of a stranger, against P. The sheriff, on such sale, had given to the purchaser a regular certificate, and filed a duplicate thereof, pursuant'to the act, entitled, “ An act in addition to the act concerning judgments and executions,”…
1Per curiam
Upon examining the provisions of the Statute, (sess. 43, ch. 184.) we are of opinion that the Justice decided correctly. The statute intended to leave the possession and enjoyment of the land, after the sale and certificate, and until the time allowed for its redemption had expired, in the same state it was in before the sale. The sale of the land is provisional only; and operates like a decree of foreclosure on a mortgage. If the debtor does not redeem his land within a year, the sheriff is then directed to execute a deed, &c. According to the correct practice under this statute, the…
2Cited by11 opinions
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- Bodine v. . MooreNew York Court of Appeals · 1858
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