Skinner v. Odenbach
New York Supreme Court
Appeal from special term, Monroe county. Action by Falding W. Sldnner against Frederick Odenbach to recover possession of land. From an order setting aside an execution issued on a judgment in favor of plaintiff, plaintiff appeals. Modified.
1Opinion of the CourtDwight, P. J.
The interest alleged by the plaintiff was an undivided two-fifths of the premises described in the complaint. The report of the referee found him entitled to the undivided two-fifths, and judgment entered thereupon awarded to him the possession of the same undivided interest; but the execution issued thereon commanded the sheriff to put him in possession of the whole premises, and the proofs on the part of the appellant tend to show that the writ was executed accordingly. The execution was plainly irregular in this respect. The Code of Civil Procedure provides for an action by one or more…
2Cases cited2 opinions
- Jackson v. HasbrouckNew York Supreme Court · 1810
- Jackson ex dem. Sutherland v. StilesNew York Supreme Court · 1826