People ex rel. Luther v. Onondaga C. P.
New York Supreme Court
Mandamus. Luther, a deputy sheriff of Onondaga county, by virtue of an execution in favor of Lightbody and Wright against one Marshall, levied upon personal property in the possession of the defendant to an amount sufficient to satisfy the execution, but left the property in the possession of Marshall. The levy was made in February, 1832. In May following Marshall removed the property from the county.
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Mandamus. Luther, a deputy sheriff of Onondaga county, by virtue of an execution in favor of Lightbody and Wright against one Marshall, levied upon personal property in the possession of the defendant to an amount sufficient to satisfy the execution, but left the property in the possession of Marshall. The levy was made in February, 1832. In May following Marshall removed the property from the county. The sheriff of Onondaga was attached and ordered to pay the amount of the execution. Luther paid the amount, procured an assignment of the judgment, and on notice to Marshall obtained leave from…
1Opinion of the Court
By the Court,
Cowen, J.
The court below allowed Luther to come and be subrogated in the place of the plaintiff as against Marshall the defendant, but not as against the purchasers of his real estate on subsequent judgments and executions. I. think they had a right to do so in their discretion. The levy by Luther, although Marshall subtracted the property before Baldwin and Brewster got their judgments, might well have induced them to suppose that the first judgment was satisfied, and led them on in their own suits to expense and trouble. All this was, very likely, in consequence of Luther’s…
2Cases cited1 opinion
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