Rich v. Baker
New York Supreme Court
Replevin in the cepit for a quantity of pine saw-logs and lumber, tried before Gridley, C. Judge, at the Oswego circuit in December, 1838. The case was this: the defendant owned and occupied 30 acres of land in Albion, Oswego county: the land was sold under a judgment and execution against the defendant, and purchased by the plaintiff, on the 7th of March, ] 835. At the expiration of 15 months, there having been no-redemption, the sheriff executed a deed to the plaintiff, on…
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Replevin in the cepit for a quantity of pine saw-logs and lumber, tried before Gridley, C. Judge, at the Oswego circuit in December, 1838. The case was this: the defendant owned and occupied 30 acres of land in Albion, Oswego county: the land was sold under a judgment and execution against the defendant, and purchased by the plaintiff, on the 7th of March, ] 835. At the expiration of 15 months, there having been no-redemption, the sheriff executed a deed to the plaintiff, on the 15th of June, 1836. Between the time of the sale and the expiration of the 15 months, the defendant cut and carried…
1Opinion of the Court
By the Court, Bronson, Ch. J.
On judgment sales of real estate prior to the redemption law of 1820, the sheriff’s deed, though given long afterwards, related back to the time of the sale. (Jackson v. Ramsey, 3 Cowen, 75.) But after the law gave the debtor and his creditors fifteen months to redeem, it was held that the deed did not retrospect to the time of the sale, so as to give the purchaser a right to the rents and profits during the fifteen months. (Bissell v. Payn, 20 John. 3.) For most purposes, it only relates back to the expiration of the time for redemption. (Klock v. Cronkhite, 1…
2Cases cited2 opinions
- Farnham v. CampbellNew York Court of Chancery · 1844
- Bissell v. PaynNew York Supreme Court · 1822
3Cited by15 opinions
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. SwinneyIndiana Supreme Court · 1884
- Stockwell v. . PhelpsNew York Court of Appeals · 1866
- Lieberman v. ClarkTennessee Supreme Court · 1904
- Cheney v. . WoodruffNew York Court of Appeals · 1871
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