People ex rel. Post v. Ransom
New York Supreme Court
Redemption of land sold on execution. On the return to an alternative mandamus, the case was substantially as follows : On the 30th November, 1841, the lands of Samuel Hart were sold by the defendant, then sheriff of Tioga, on a judgment of this court against Hart and others, in favor of John Hollenback, docketed in 1838. Hollenback became the purchaser for $416,45, and received the sheriff’s certificate.
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Redemption of land sold on execution. On the return to an alternative mandamus, the case was substantially as follows : On the 30th November, 1841, the lands of Samuel Hart were sold by the defendant, then sheriff of Tioga, on a judgment of this court against Hart and others, in favor of John Hollenback, docketed in 1838. Hollenback became the purchaser for $416,45, and received the sheriff’s certificate. The relator was the assignee of two judgments recovered in this court against Hart and others, in favor of James C. Biddle, one of which was docketed January 8, 1840, and the other January…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The court has not been disposed to favor special demurrers in cases of this kind; (The People v. New York C. P., 9 Wend. 429,) and besides, the relator in thi ;ase. could gain nothing by having our decision *147turn upon matters of form, for the papers are as defective on his side as they are on the other. I shall, therefore, confine myself to such questions as touch the merits of the controversy.
The relator claims in two ways; first, under the assignment of the sheriff’s certificate of sale; and second, as a purchasing creditor under the Biddle judgments, which had…
2Cases cited2 opinions
- People ex rel. Newell v. MuzzyCourt for the Trial of Impeachments and Correction of Errors · 1845
- People ex rel. Musgrove v. New-York Common PleasNew York Supreme Court · 1832
3Cited by11 opinions
- Bagley v. WardCalifornia Supreme Court · 1869
- Tinkcom v. LewisSupreme Court of Minnesota · 1874
- Pamperin v. ScanlanSupreme Court of Minnesota · 1881
- Whiting v. ButlerMichigan Supreme Court · 1874
- Webb v. WatsonSupreme Court of Iowa · 1865
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