Jackson ex. dem. Masten v. Bush
New York Supreme Court
THIS was an action of ejectment brought to recover 50 acres of land, in Jericho, in the county of Chenango. The cause was tried at the Chenango circuit, the 16th September, 1812, before Mr. Justice Van Ness.
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THIS was an action of ejectment brought to recover 50 acres of land, in Jericho, in the county of Chenango. The cause was tried at the Chenango circuit, the 16th September, 1812, before Mr. Justice Van Ness. The premises in question were sold by the sheriff at auction, on a ft. fa. issued on a judgment in favour of D. Dickenson against Japhet Bush, docketed the 26th October, 1811; and the plaintiff offered in evidence a deed from the sheriff to the lessors, which was signed “ William Munro, sheriff of the county of Chenango, by his legal deputy, Jabes Robinson and also the regular deputation…
1Per curiam
The deed executed by the deputy sheriff, in the name and on the behalf of his principal, was a good execution of the deed. A sale, and the consummation of that sale by deed, are acts which the sheriff may do by deputy. The law does not require them to be done by the sheriff in person, and the general doctrine on this subject was fully illustrated in the case of Tillotson v. Cheetham. (2 Johns. Rep. 63.) Nor was the defendant to be allowed in this case to set up an outstanding title to defeat the plaintiff’s recovery. The defendant was the son of Japhet Bush, and the lessor of the plaintiff a…
2Cited by18 opinions
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Morgan v. Hazlehurst LodgeMississippi Supreme Court · 1876
- Robinson v. ThorntonCalifornia Supreme Court · 1893
- Wilson v. RussellSupreme Court Of The Territory Of Dakota · 1887
- Hobson v. Doe, on the Demise of HarperIndiana Supreme Court · 1838
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