Simonds v. Catlin
New York Supreme Court
This was an ejectment for lands in the county of Onondaga. Upon the trial the plaintiff produced the exemplification of a judgment of this court, in the cause of Levi Barker against the defendant for debt, and entered of the ..term of July, 1800, in which cause the venue was laid in Albany.
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This was an ejectment for lands in the county of Onondaga. Upon the trial the plaintiff produced the exemplification of a judgment of this court, in the cause of Levi Barker against the defendant for debt, and entered of the ..term of July, 1800, in which cause the venue was laid in Albany. He further produced the exemplification of a fi. fa. directed to the sheriff of Onondaga, and tested the 9th day of August, 1800, commanding him to levy the debt and costs of the above judgment, and which execution contained an endorsement of being received by the sheriff on the 4th of October, 1800. It…
1Opinion of the CourtKent, J.
The two lirst objections go to the form of the execution, and, considering the circumstances attending this case, the plaintiff ought injustice to be held strictly to a legal title. He was the attorney who sued out the execution, and the second sale was made on short notice, if indeed any notice was given, and he himself became the purchaser. The plaintiff is, therefore, properly chargeable with notice of every irregularity attending the execution. Prior to this motion, a rule was granted to amend the fi.fajoj making it a testatum; but as the rule was granted upon the express condition of…
2Cited by25 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Johnson v. McKinnonSupreme Court of Florida · 1907
- Billings v. BakerNew York Supreme Court · 1858
- Warfield v. DorseyCourt of Appeals of Maryland · 1874
- Harrison v. Doe, on the Demise of RappIndiana Supreme Court · 1826
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