People ex rel. McKnight v. Beebe
New York Supreme Court
Motion for a peremptory mandamus, founded upon the defendant’s return to an alternative mandamus commanding him to convey to the relator certain premises sold by the defendant on execution, or show cause, &c. The return states, among other things, the following facts.
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Motion for a peremptory mandamus, founded upon the defendant’s return to an alternative mandamus commanding him to convey to the relator certain premises sold by the defendant on execution, or show cause, &c. The return states, among other things, the following facts. That on the 27th day of September, 1845, the defendant, as sheriff of Orleans county, sold the premises in question, by virtue of an execution against John Henderson, the former owner, in favor of Clark S. Potter, issued on a judgment recovered January 4, 1844, in a justice’s court, and docketed in the clerk’s office pursuant to…
1Opinion of the CourtWelles, J.
It was contended on the argument, by the counsel for the defendant, that the sheriff could not look beyond the papers before him, and that it was manifest to him from those papers, and the conduct and claims of the parties on the 26th of December, 1846, that McAlister had acquired by virtue of the mortgage of the 12th of October, 1844, all the right of McAlister & Moulthrop, the original purchasers at the sheriff’s sale.
Without taking time to consider how the case would stand, or which of the real parties litigant would have the advantage, upon the facts thus regarded, I think all the matters…
2Cases cited6 opinions
- Phyfe v. RileyNew York Supreme Court · 1836
- People v. ChampionNew York Supreme Court · 1819
- Clow v. BorstNew York Supreme Court · 1810
- In re FitchNew York Supreme Court · 1829
- People ex rel. Bentley v. Commissioners of Highways of HndsonNew York Supreme Court · 1831
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Portland Construction Co. v. O'NeilOregon Supreme Court · 1893
- Harness v. CravensSupreme Court of Missouri · 1894
- Evansville Gas-Light Co. v. State ex rel. ReitzIndiana Supreme Court · 1881
- Creighton v. MansonCalifornia Supreme Court · 1865
- Sautter v. FrickAppellate Division of the Supreme Court of the State of New York · 1930
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