Van Tassel v. Van Tassel
New York Supreme Court
THIS was an application made by Susan Yan Tassel, a defendant in this action, for an order that Benjamin D. Miller, formerly sheriff of Westchester county, make and file his report of his .proceedings upon the judgment for partition in this action, subsequent to his report of sale; and that he distribute and dispose of the proceeds of the sale according to the terms of the judgment, or that an attachment issue.
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THIS was an application made by Susan Yan Tassel, a defendant in this action, for an order that Benjamin D. Miller, formerly sheriff of Westchester county, make and file his report of his .proceedings upon the judgment for partition in this action, subsequent to his report of sale; and that he distribute and dispose of the proceeds of the sale according to the terms of the judgment, or that an attachment issue. The motion was made at a special term held by Justice Lott, who denied the application, and the applicant appealed to the'general "term.'
1Opinion of the Court
By the Court, Brown, J.
Susan Van Tassel, one of the defendants in this action, applied to the special term, upon the usual notice, for ah order" that Benjamin D. Miller, former sheriff of the county of Westchester, make and file his report of his proceedings upon, the judgment in this action subsequent to his report of the sale of the- lands and premises mentioned in the said judgment; and also that he distribute and'dispose of "the proceeds of the said sale, according to the terms of the said judgment, or that an attachment issue against him. The- real object of the motion was to compel the…
2Cases cited2 opinions
- Walden v. DavisonNew York Supreme Court · 1836
- Souzer v. De MeyerNew York Court of Chancery · 1831
3Cited by1 opinion
- People ex rel. Whillis v. BrothersonNew York Supreme Court · 1862