Brewster v. Cropsey
New York Supreme Court
Demurrer to the answer of the defendants, Allen and Jones, in each of these suits. The complaint in the first action states, that on the 27th of June, 1848, William P. Van Rensselaer recovered a judgment against the defendant Jones, for $366.67, upon which an execution was issued to the defendant Cropsey, sheriff of Rensselaer, on the 4th day of August, 1848—that on the 19th of January, 1849, the plaintiff in that action recovered a judgment against Jones for $114.27, and on…
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Demurrer to the answer of the defendants, Allen and Jones, in each of these suits. The complaint in the first action states, that on the 27th of June, 1848, William P. Van Rensselaer recovered a judgment against the defendant Jones, for $366.67, upon which an execution was issued to the defendant Cropsey, sheriff of Rensselaer, on the 4th day of August, 1848—that on the 19th of January, 1849, the plaintiff in that action recovered a judgment against Jones for $114.27, and on the same day an execution was issued thereon, to the same sheriff—that prior to the issuing of the latter execution the…
1Opinion of the Court
Harris, Justice.
The plaintiff’s judgments were liens only upon the equity of redemption of Jones in the farm. Hpon its sale they could only claim payment out of the surplus which should remain after satisfying the mortgage. If the sale had been made under all the j udgments, there might have been more difficulty in protecting the lien of the mortgage, but even then, I think, the mortgagee might have insisted upon having his mortgage satisfied in its order of priority. The sale, however, was under the Yan Rensselaer judgment alone. Though when he made the sale, the sheriff had received the…
2Cases cited2 opinions
- Williams v. RogersNew York Supreme Court · 1809
- Every v. EdgertonNew York Supreme Court · 1831
3Cited by1 opinion
- Hart v. WingartIllinois Supreme Court · 1876