People ex rel. Newell v. Muzzy
Court for the Trial of Impeachments and Correction of Errors
Demurrer to the plea of the relator to the return of the defendant to an alternative mandamus. The writ of mandamus commanded the defendant, as sheriff of Chautauque county, to execute to the relator, as receiver of the City Bank of Buffalo, a deed conveying the title and interest of Isaac S. Smith in certain lands described in the writ, which had been sold on execution, or to make known, &c. why he had not so done.
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Demurrer to the plea of the relator to the return of the defendant to an alternative mandamus. The writ of mandamus commanded the defendant, as sheriff of Chautauque county, to execute to the relator, as receiver of the City Bank of Buffalo, a deed conveying the title and interest of Isaac S. Smith in certain lands described in the writ, which had been sold on execution, or to make known, &c. why he had not so done. The return of the defendant sets forth, in detail, the several matters occurring before him, which, so far as the same are necessary to the understanding of the questions of law…
1Opinion of the Court
By the Court, Jewett, J.
The question which is immediately put in issue by the demurrer to the relator’s plea, is, whether the erasure of the word “ Portland” and substituting the word *243“ Westfield” in the assignment of the certificate of the sheriff by Tabor to Stephen Smith, avoided the assignment.
It is supposed that as the lands sold and described in the certificate of the sheriff were situate in the town of Westfield, and not in the town of Portland, that the assignment failed to convey any interest in them, by reason of that misdescription of the town in which the same were situate, and…
2Cases cited1 opinion
- Herrick v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by7 opinions
- President of the Chautauque County Bank v. RisleyNew York Supreme Court · 1847
- People ex rel. Post v. RansomNew York Supreme Court · 1847
- Dwinel v. HowardSupreme Judicial Court of Maine · 1849
- Wood v. MoorhouseNew York Supreme Court · 1869
- Ludekens v. PscherhoferNew York Supreme Court · 1894
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