Jackson ex dem. Ten Eyck v. Walker
New York Supreme Court
This was an action of ejectment, tried at the Yates circuit in February, 1829, before the Hon. Daniel Mosely, one of the circuit judges.
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This was an action of ejectment, tried at the Yates circuit in February, 1829, before the Hon. Daniel Mosely, one of the circuit judges. The plaintiff shewed title to the premises by the production of a sheriff’s deed under a sale on a judgment obtained by the lessor of the plaintiff against Frederick Probasco and Aurelia his wife, docketed 7th September, 1826. The judgment was on a promissory note given by the wife of Probasco whilst sole for the sum of $412,36. The defendants objected to the execution under which the sale was had, on the ground of variance; the judgment being for $533,17,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The variance between the judgment and execution was a clerical mistake' and amendable. (5 Johns. R. 100.) As to the objection that the premises sold should have been described in the return to the execution, and that parol evidence was inadmissible to shew the identity of the premises sold and conveyed by the sheriff’s deed, I find no authority requiring the land to be particularly described in thq sheriff’s return : it must be described in his advertisement of sale ; but even should the sheriff not comply with the directions of the statute in that respect, his…
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