Morss v. . Purvis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon a verdict. (Reported below, 2 Hun, 542.) This action was brought to set aside and vacate a deed executed by defendant Winner as sheriff of Sullivan county, to defendant Purvis, of certain lands sold by the former on execution.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon a verdict. (Reported below, 2 Hun, 542.) This action was brought to set aside and vacate a deed executed by defendant Winner as sheriff of Sullivan county, to defendant Purvis, of certain lands sold by the former on execution. The facts, as found by the court, were in substance, as follows: On the 16th January, 1869, the said sheriff sold the lands in question, by virtue of several executions against James P. Overton; they were bid off by…
1Per curiam
We have considered this case upon the argument and briefs originally submitted, and upon the supplemental briefs since submitted, and we see no way to avoid an affirmance of the judgment, without overruling the decision in Gilchrist v. Comfort (34 N. Y., 235). That case expressly held that a redemption of lands by a creditor, on or before the last day of the fifteen months from the day of sale must be made at the sheriff’s office, and that a redemption at another place, although in the same village, and to the sheriff who made the sale, is not valid. The circumstances in that case . were…
2Cases cited1 opinion
- Gilchrist v. . ComfortNew York Court of Appeals · 1866
3Cited by9 opinions
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- Robertson v. Van CleaveIndiana Supreme Court · 1891
- State ex rel. Brooks Bros. v. O'ConnorNorth Dakota Supreme Court · 1896
- Porter v. . PierceNew York Court of Appeals · 1890
- Biggs v. City of GenevaAppellate Division of the Supreme Court of the State of New York · 1904
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