In re King
Appellate Division of the Supreme Court of the State of New York
Appeal by Alfred W. Shull from an order of the County Ctiurt of Fulton county, entered in the office of the clerk of the county of Fulton on the 15th day of December, 1897, restraining the sheriff of Fulton county from selling certain real property under an execution issued upon a judgment in favor of the appellant, and setting aside the levy of execution upon the ground that the property levied upon was exempt from levy and sale upon execution, having been purchased with…
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Appeal by Alfred W. Shull from an order of the County Ctiurt of Fulton county, entered in the office of the clerk of the county of Fulton on the 15th day of December, 1897, restraining the sheriff of Fulton county from selling certain real property under an execution issued upon a judgment in favor of the appellant, and setting aside the levy of execution upon the ground that the property levied upon was exempt from levy and sale upon execution, having been purchased with pension money.
1Opinion of the Court
Herrick, J.:
No question is raised before us but that real estate purchased with pension money, and owned by a pensioner, his wife or widow, is exempt from levy and sale on execution; the question for determination here is as to whether that exemption can or should be enforced upon motion and by order.
*606In the case of The Yates County National Bank v. Carpenter (119 N. Y. 550) the execution was stayed by ah order of the County Court in the same manner as has been done in this ease, but in that case there seems to have been no controversy as to the facts, and a pure question of law upon such…
2Cases cited5 opinions
- Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
- Palmer v. HutchinsNew York Supreme Court · 1823
- Cornell v. . DakinNew York Court of Appeals · 1868
- Twinam v. SwartNew York Supreme Court · 1871
- Griffin v. SutherlandNew York Supreme Court · 1852
3Cited by4 opinions
- Tuckman v. HaywardNew York Supreme Court · 1960
- Gilewicz v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1902
- C. Ludwig Baumann & Co. v. ChristensonAppellate Terms of the Supreme Court of New York · 1933
- Gilewicz v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1902