Boyce v. Wight
The Superior Court of New York City
Action for money had and received; tried by the court, a jury having been waived. This action was brought by George A. Boyce, appointed by the supreme court as trustee under the will of John F. Barley, against Franklyn Wight, to recover the sum of $8,065, awarded for damages for certain land, condemned upon the opening of Madison avenue, and received by the defendant.
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Action for money had and received; tried by the court, a jury having been waived. This action was brought by George A. Boyce, appointed by the supreme court as trustee under the will of John F. Barley, against Franklyn Wight, to recover the sum of $8,065, awarded for damages for certain land, condemned upon the opening of Madison avenue, and received by the defendant. On March 9, 1846, one Francis Price owned in fee the lands in question, and on that day a judgment was recovered against him. On September 10, 1847, he conveyed the lands, pursuant to an order in a creditor’s suit against him,…
1Opinion of the CourtSedgwick, J.
[After stating the facts]—By force of the statute (2 Edm. R. S. § 49, p. 385) the sale of the premises redeemed, and the certificate of such sale became null and void (Stafford v. Williams, 12 Barb. 244; Titus v. Lewis, 3 Id. 72; Wood v. Colvin, 5 Hill, 228). The sale had not divested his former title (§ 61), and Latting, his grantee, held the legal title free from any lien or incumbrance by reason of the sale, purchase and certificate. [The learned judge here stated the reconveyance from Latting to Price, and also the conveyance from the latter to Barley.]
Under the Revised Statutes, and…
2Cases cited4 opinions
- President, Directors & Co. of Rensselaer Glass Factory v. ReidCourt for the Trial of Impeachments and Correction of Errors · 1825
- Ruckman v. . PitcherNew York Court of Appeals · 1859
- Stafford v. WilliamsNew York Supreme Court · 1851
- Hochrieter v. PeopleNew York Court of Appeals · 1864
3Cited by1 opinion
- Scaman v. GalliganSouth Dakota Supreme Court · 1896