Albany City Bank v. Schermerhorn
New York Court of Chancery
This was an appeal by the sheriffs of the counties of Orleans and Monroe, from a decretal order of the vice chancellor of the eighth circuit, convicting them of a contempt, for levying upon property of the defendant Schermerhorn, which he had been ordered to assign and deliver to the receiver appointed in these causes.
1Opinion of the Court
The Chancellor.
The question whether the sheriffs were in contempt depends upon the fact of the disturbance by them of the possession of the receiver. And I think the relators failed in establishing that fact. The property consisted of growing crops, on lands of Schermerhorn which his tenants had taken to crop on shares. After the appointment of the receiver he gave notice to the tenants of his appointment, and requested them to deliver Schermerhorn’s share of the crops to him. The sheriffs levied upon the crops and advertised them for sale, at which time one of the appellants swears he had…
2Cases cited1 opinion
- Noe v. GibsonNew York Court of Chancery · 1839
3Cited by7 opinions
- Richards v. PeopleIllinois Supreme Court · 1876
- Littlejohn v. TurnerWisconsin Supreme Court · 1888
- Dickey v. BatesNew York Supreme Court · 1895
- In re LoosNew York Supreme Court · 1888
- Ingraham v. National Salt Co.U.S. Circuit Court for the District of Eastern New York · 1905
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