Nehrboss v. . Bliss
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 5, 1881, which reversed a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought by plaintiffs to set aside a deed executed by defendant, Lewis, as sheriff of the county of Niagara to defendant Bliss, and to compel said sheriff to execute a deed of the premises to plaintiffs.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 5, 1881, which reversed a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought by plaintiffs to set aside a deed executed by defendant, Lewis, as sheriff of the county of Niagara to defendant Bliss, and to compel said sheriff to execute a deed of the premises to plaintiffs. The action was originally brought by John Nehrboss, who died after entry of judgment on the report of the referee, and the present plaintiffs, his heirs…
1Opinion of the CourtDanforth, J.
The appellants • concede that the only question raised upon the trial was as to the effect of the papers filed for the purpose of redemption. And the precise objection, as indicated by the points submitted by the learned counsel in support of this appeal, is that Seth P. Bliss is described therein as the redeeming party without words indicating that he is the survivor of himself and Pierce, as he is named in the judgment record under which he sought to redeem.
The proceedings are statutory, and it is to be conceded that words cannot be added to or omitted from the statute for any purpose, but…
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