Spraker v. . Cook
New York Court of Appeals
Appeal from the Supreme Court. The action was upon an undertaking executed by the defendants upon an appeal by one Snell from the judgment of a justice of the peace granting a warrant for his removal from a farm which had been sold upon execution against him. In December, 1850, the sheriff of Montgomery county sold the farm of Snell upon an execution issued on a judgment recovered by the plaintiff in this suit.
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Appeal from the Supreme Court. The action was upon an undertaking executed by the defendants upon an appeal by one Snell from the judgment of a justice of the peace granting a warrant for his removal from a farm which had been sold upon execution against him. In December, 1850, the sheriff of Montgomery county sold the farm of Snell upon an execution issued on a judgment recovered by the plaintiff in this suit. Cook became the purchaser for the sum of $1500. He paid to the sheriff in cash $35-3.87, the amount due upon the execution, and Snell, the judgment debtor, executed to the sheriff his…
1Opinion of the CourtDenio, J.
I am of opinion that the affidavits of the plaintiff and of Abraham Hees were sufficient to give the magistrate jurisdiction of the proceeding. The plaintiff’s affidavit, describing the land, alleges that it has been sold on execution against Snell, and that the title has been perfected in the deponent by the execution and the delivery of the sheriff’s deed, which is annexed and delivered to the magistrate with the affidavit. The demand of possession was sufficiently proved by the affidavit of Hees. These are all the matters required to be shown by the applicant; and unless the deed annexed…
2Cited by6 opinions
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
- The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
- People Ex Rel. Higgins v. McAdamNew York Court of Appeals · 1881
- Kuiper v. MillerNorth Dakota Supreme Court · 1925
- Getting v. MohrNew York Supreme Court · 1884
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