Pettit v. Shepherd
New York Court of Chancery
This was an appeal from a decretal order of the vice chaneellor of the seventh circuit. The object of the complainant’s bill was to stay the sale of his farm upon an execution, in favor of the defendant, as administratrix of D. Shepherd, de= ceased, against the person from whom the farm was purchased.
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This was an appeal from a decretal order of the vice chaneellor of the seventh circuit. The object of the complainant’s bill was to stay the sale of his farm upon an execution, in favor of the defendant, as administratrix of D. Shepherd, de= ceased, against the person from whom the farm was purchased. The complainant purchased the farm of J. Parks, and took a conveyance thereof, on the 29th of January, I829a and shortly afterwards paid the consideration money therefor and took possession. In January, 1819, a few days over ten years before this conveyance, D„ Shepherd recovered a judgment…
1Opinion of the Court
The Chancellor.
The defendant was probably too late in making her objection for the first time at the hearing, that if the lien of the judgment no longer existed, the complaim .ant could not be injured by the sheriff’s sale because he would have a perfect defence at law against the purchaser at such sale. And as the defendant persisted in her intention of selling the farm upon the execution, notwithstanding the ■ remonstrances of the complainant, I think the objection to" the jurisdiction of this court could not have been sustained, even if it had been made in time, The jurisdiction of this…
2Cases cited1 opinion
- Little v. HarveyNew York Supreme Court · 1832
3Cited by45 opinions
- Bagley v. WardCalifornia Supreme Court · 1869
- Wood v. . MorehouseNew York Court of Appeals · 1871
- Billings v. . RussellNew York Court of Appeals · 1886
- Chapman v. BrewerSupreme Court of the United States · 1885
- Reed v. TylerIllinois Supreme Court · 1870
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