Westervelt v. People ex rel. Sears
New York Supreme Court
Error from the supreme court. - Westervelt, as sheriff of the city and county of New-York, by virtue of several writs of fieri facias, on 28th February, 1834, sold all the interest of the defendants in the execution, in certain leasehold premises, which had been demised on 21st March, 1833, for the term of twenty-one years, to W. S. Sears for the sum of $400, who paid the amount of the bid, and claimed an absolute assignment of the premises purchased.
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Error from the supreme court. - Westervelt, as sheriff of the city and county of New-York, by virtue of several writs of fieri facias, on 28th February, 1834, sold all the interest of the defendants in the execution, in certain leasehold premises, which had been demised on 21st March, 1833, for the term of twenty-one years, to W. S. Sears for the sum of $400, who paid the amount of the bid, and claimed an absolute assignment of the premises purchased. The sheriff refused to give him any thing more than a mere certificate of sale. Subsequently, one Storm appeared and claimed the right to…
1Opinion of the Court
After advisement, the following opinions were delivered ;
By the Chancellor.
The question presented in this case is, whether, previous to the act of May, 1837,* a term for years in real estate was subject to redemption from a sheriff’s sale, under the general provisions of the Revised Statutes ; and whether it was so or not, depends upon the true construction and meaning of the term real estate, as used by the legislature, in the article of the Revised Statutes relative to executions against property : particularly in the forty-second and the several following sections of that article. 2 R. S.…
2Cases cited2 opinions
- Upon the Petition of GayMassachusetts Supreme Judicial Court · 1809
- Vredenbergh v. MorrisNew York Supreme Court · 1800
3Cited by5 opinions
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- People Ex Rel. Van Nest v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1880
- Claim of Ehrsam v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1899
- Steers v. DanielUnited States Circuit Court · 1880
- Green v. StormNew York Court of Chancery · 1846