Jackson ex dem. Hooker v. Young
New York Supreme Court
Ejectment, tried before Throop, C. Judge, Decemoer 13th, 1824, at the Oswego circuit. The lessor of the plaintiff claimed title to the premises in question, as the assignee of the purchaser, at a sheriff’s sale of those premises; and gave in evidence, the sheriff’s deed, reciting the sale in December, 1822, at public vendue, to J. H. ; and a sealed assignment of his right to receive a deed, to the lessor of the plaintiff.
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Ejectment, tried before Throop, C. Judge, Decemoer 13th, 1824, at the Oswego circuit. The lessor of the plaintiff claimed title to the premises in question, as the assignee of the purchaser, at a sheriff’s sale of those premises; and gave in evidence, the sheriff’s deed, reciting the sale in December, 1822, at public vendue, to J. H. ; and a sealed assignment of his right to receive a deed, to the lessor of the plaintiff. The original assignment from J. H. to the lessor of the plaintiff, was also given in evidence. The defendant’s counsel moved for a nonsuit, on the ground that it did not…
1Opinion of the Court
The Court, without hearing Talcott, in reply, were clear that the statute was merely directory ; that the filing of a certificate was not a condition precedent to the giving of the deed, and passing the title; and that the sheriff’s omission should not prejudice the purchaser.
Judgment for the plaintiff.
2Cited by19 opinions
- Nelms v. VaughanSupreme Court of Virginia · 1888
- Wampler v. State ex rel. AlexanderIndiana Supreme Court · 1897
- St. Louis County Court v. SparksSupreme Court of Missouri · 1846
- Woolridge v. McKennaUnited States Circuit Court · 1881
- Taylor v. GladwinMichigan Supreme Court · 1879
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