Legal Opinion

Russell v. Allen

New York Court of Chancery

Decided April 4, 1843PublishedCited by 27 opinions

This was an appeal from a decree of the vice chancellor of the third circuit, dismissing the complainant’s bill against Allen and Hawley, two of the defendants, with costs. The object of this suit was to obtain a decree allowing the complainant to redeem a lot of land, in Washington county, which had been purchased by the defendant Hawley, at a sheriff’s sale ; and which had afterwards been conveyed by him to the defendant, Abram Allen.

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This was an appeal from a decree of the vice chancellor of the third circuit, dismissing the complainant’s bill against Allen and Hawley, two of the defendants, with costs. The object of this suit was to obtain a decree allowing the complainant to redeem a lot of land, in Washington county, which had been purchased by the defendant Hawley, at a sheriff’s sale ; and which had afterwards been conveyed by him to the defendant, Abram Allen. D. Beatty, the judgment debtor, was the owner of the lot or farm in question, in fee, in 1810, and continued in possession to the time of the filing of the…

1Opinion of the Court

The Chancellor.

The vice chancellor was clearly right as to his construction of the statute relative to the redemption of lands sold upon execution. The owner of the premises must exercise his right to redeem within the year, or the purchaser will be entitled to a conveyance at the expiration of the fifteen months; unless some creditor whose judgment or decree is a valid and subsisting lien or charge upon the premises, acquires the interest of such purchaser in the manner prescribed in the statute.' (2 R. S. 371, § 50, 51. Van Rensselaer v. The Sheriff of Onondaga, 1 Cowen's Rep. 443.) And as…

2Cited by27 opinions

  1. Bunch v. GraveIndiana Supreme Court · 1887
  2. Fuller & Co. v. HuntSupreme Court of Iowa · 1878
  3. Lovelace v. WebbSupreme Court of Alabama · 1878
  4. Hervey v. KrostIndiana Supreme Court · 1888
  5. Horn v. Indianapolis National BankIndiana Supreme Court · 1890

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