Empire Monument Co. v. Lewis

Petitioner has appealed from an order denying its application for peremptory mandamus directing the sheriff of Albany county to sell at public auction under an execution a cemetery lot and mausoleum belonging to Mary C. Ross and Michael J. Plunkett. The petitioner, on February 15, 1933, obtained a judgment against the owners of the cemetery lot for the balance agreed to be paid for the erection of the mausoleum thereon. An execution was delivered to the sheriff on September 14, 1936, and a levy made. The sheriff published an advertisement of the sale to be held on November sixteenth. After…