Sheldon v. Soper
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. ' • J This was an action of trover, brought by the defendant in error, the plaintiff in the court below, against the plaintiff in error, for goods which he claimed by virtue of a purchase at a sheriff’s sale under an execution against one Ellis.
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IN ERROR, on certiorari to a justice’s court. ' • J This was an action of trover, brought by the defendant in error, the plaintiff in the court below, against the plaintiff in error, for goods which he claimed by virtue of a purchase at a sheriff’s sale under an execution against one Ellis. It appeared that the deputy sheriff, when he made the levy, under that exe cution, did not see the property in question, or know that Ellis owned it, and that at the time of the sale he did not know that it belonged to Ellis ; but he put up some articles specifically, and all the other personal property,…
1Per curiam
The evidence was pretty strong to show that the defendant below acquired no right to the property in question, under the sale set up by him; for, independently of the question of fraud, the sale, in that case, was general, of all the presonal property ot Ellis ;k but in an action of trover, it is necessary for the plaintiff to show property in himself, which was not done in this instance. The general sale under the execution would not pass the property; the sheriff did not even know the goods, or pretend to sell them specifically, and to sanction such sales would open a door to innumerable…
2Cited by14 opinions
- Manhattan Taxi Service Corp. v. Checker Cab Manufacturing Corp.New York Court of Appeals · 1930
- Silva v. LopezHawaii Supreme Court · 1884
- Tifft v. BartonNew York Supreme Court · 1847
- Warring v. LoomisNew York Supreme Court · 1848
- Horsey v. KnowlesCourt of Appeals of Maryland · 1891
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