Westervelt v. Pinckney
New York Supreme Court
Error from the superior court of the city of New-York. Pinckney sued Westervelt, sheriff of New-York, in a justice’s court, to recover the amount of rent claimed by him to be due from one Kirby, under a lease of certain premises—the sheriff having levied upon property upon the demised premises by virtue of an execution, and sold the same after notice from Pinckney, the landlord of the premises.
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Error from the superior court of the city of New-York. Pinckney sued Westervelt, sheriff of New-York, in a justice’s court, to recover the amount of rent claimed by him to be due from one Kirby, under a lease of certain premises—the sheriff having levied upon property upon the demised premises by virtue of an execution, and sold the same after notice from Pinckney, the landlord of the premises. The execution was delivered to the sheriff in December, 1832, and was returnable on the third Monday of January, 1833. The property was not sold until June, 1833. On the 27th day of May previous,…
1Opinion of the Court
By the Court,
Sutherland, J.
The sheriff appears to have done nothing to constitute a levy except to inform the defendant in the execution that he had an execution against him, the parties then being in the defendant’s house, and his furniture being within the view of the sheriff. But the sheriff neither declared that he made a levy, nor did any act to indicate such an intention. The defendant in the execution, if he is to be believed upon oath, certainly did not understand that a levy was made. It is said in Beekman v. Lansing, 3 Wendell, 550, as the result of the cases there referred to, that…
2Cases cited1 opinion
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by10 opinions
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- Crisfield v. NealSupreme Court of Kansas · 1887
- Bond v. WilletNew York Court of Appeals · 1864
- Duncan's AppealSupreme Court of Pennsylvania · 1861
- Cawthorn v. McCrawSupreme Court of Alabama · 1846
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