Jackson, ex rel. Webb v. Roberts
New York Supreme Court
This was an action of ejectment, tried at the Madison circuit in September, 1829, before the Hon. Samuel Nelson, then one of the circuit judges.
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This was an action of ejectment, tried at the Madison circuit in September, 1829, before the Hon. Samuel Nelson, then one of the circuit judges. The lessors of the plaintiff claimed title to the premises in question under a deed from one Joshua Clark, who derived his title by a conveyance from one Stephen Clark, bearing date in September, 1817. The defendant held under a purchase of the premises in question by one Charles Hill, made at the sheriff's sale on executions against Stephen Clark, the grantor of Joshua Clark. In January, 1818, a judgment was docketed in favor of one Malcolm against…
1Opinion of the Court
By the Court.
The simple question involved in the exception to the decision of the judge refusing to receive testimony, that the sale of the premises described in the sheriff’s deed was under the execution in favor of Hill and Stebbins, *87and no other, is, can that part of a sheriff’s deed be contradicted by parol evidence which sets forth the writ under which the sale was made? We are of opinion that the proposition contended for by the plaintiff’s counsel goes the whole length of destroying the effect of such a deed by parol testimony; for if it be allowable to shew that the sheriff did not…
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