Campbell v. Rawdon
New York Supreme Court
THIS was an action of ejectment for the recovery of the undivided two thirds of lot Ho. 56, of 80 acres, situated in the Canadian Refugee Tract, in the town of Champlain, Clinton county. The suit was commenced 19th December, 1851. The defendant Sarachon, who did not appear, was tenant, at the time, under the defendant Rawdon. In 1819 one Joseph Bin-don was seised in fee of the premises in question, and duly made and executed the following will. “ In the name of God, Amen.
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THIS was an action of ejectment for the recovery of the undivided two thirds of lot Ho. 56, of 80 acres, situated in the Canadian Refugee Tract, in the town of Champlain, Clinton county. The suit was commenced 19th December, 1851. The defendant Sarachon, who did not appear, was tenant, at the time, under the defendant Rawdon. In 1819 one Joseph Bin-don was seised in fee of the premises in question, and duly made and executed the following will. “ In the name of God, Amen. I, Joseph Bindon, of the town of Champlain, in the county of Clinton and state of Hew York, being weak in body but of…
1Opinion of the Court
By the Court,
Hand, P. J.
It is not pretended that the plaintiffs can recover if they are concluded by the judgment on the scire facias and the sale of the property by the sheriff. It is said that an execution without a sdre facias is not void, but voidable only by a writ of error, and cannot be questioned in a collateral suit; and till reversed is a good justification. (Patrick v. Johnson, 2 Lev. 493 ; S. C. 2 Lutw. 925. Jackson v. Delaney, 13 John. 537. Jackson v. Robins, 16 id. 537.) But there is another rule, that where a person not a party to the record derives a benefit by, or becomes…
2Cases cited19 opinions
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- Mowatt v. CarowNew York Court of Chancery · 1838
- Jackson ex. dem. Livingston v. DelancyCourt for the Trial of Impeachments and Correction of Errors · 1816
- Jenkins v. FreyerNew York Court of Chancery · 1833
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3Cited by1 opinion
- Beard v. SinnottThe Superior Court of New York City · 1875