Stoors v. Kelsey
New York Court of Chancery
. ..T’mg was a judgment' -creditor’s bill, filed upon the return of an execution unsatisfied. After the coming ip of the answer of the defendants.
1Opinion of the Court
The Chancellor.
As there is no allegation of any fraud or collusion between the complainants and the sheriff, or that' the former had any notice of the alleged interest of the defendants in the lot at Buffalo, the return of the sheriff was *419sufficient to authorize the filing of this bill. If the sheriff has made a false return, by which the defendants have been subjected to the costs of these proceedings, they may recover their damages in an action against him; or they might have applied to the supreme court to set aside the return. This court has no jurisdiction to grant such relief, in a suit…
2Cited by13 opinions
- Rowell v. KleinIndiana Supreme Court · 1873
- Splahn v. GillespieIndiana Supreme Court · 1874
- Forbes v. . WallerNew York Court of Appeals · 1862
- Habenicht v. LissakCalifornia Supreme Court · 1889
- Flint v. WebbSupreme Court of Minnesota · 1878
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