Hallenbeck & Miller v. Garner
New York Supreme Court
Certiorari to remove proceedings had before the recorder of Hudson under 2 R. S. 512, § 28, sub. 4. Garner, on the 2d March, 1836, made affidavit before the recorder that a farm of 53 acres in Hillsdale, Columbia county, was on the 15th May, 1834, sold by the sheriff of that county on several executions against George Mooney, and purchased by John Mooney ; that John assigned his interest under the sale and certificate to Garner, and the sheriff, on the 17th August, 1835,…
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Certiorari to remove proceedings had before the recorder of Hudson under 2 R. S. 512, § 28, sub. 4. Garner, on the 2d March, 1836, made affidavit before the recorder that a farm of 53 acres in Hillsdale, Columbia county, was on the 15th May, 1834, sold by the sheriff of that county on several executions against George Mooney, and purchased by John Mooney ; that John assigned his interest under the sale and certificate to Garner, and the sheriff, on the 17th August, 1835, conveyed the property to Garner. The affidavit further stated, that at the time the judgments were entered of record,…
1Opinion of the Court
By the Court, Bkonson, J.
The statute authorizes a proceeding of this kind, “ where any person shall hold over and continue in the possession of any real estate which shall have been sold by virtue of an execution against such person, after a title under such sale shall have been perfected.” 2 R. S. 512, § 28, sub. 4. The applicant did not state facts enough in his affidavit to give the officer jurisdiction. Conceding that this remedy may be applied against one who comes into possession of the land under the judgment debtor, as well as against the judgment debtor himself, Birdsall v. Phillips,…
2Cited by8 opinions
- Morrow Shoe Manuf'g Co. v. New England Shoe Co.Court of Appeals for the Seventh Circuit · 1893
- Imbert v. HallockNew York Court of Common Pleas · 1862
- People Ex Rel. Sheridan v. . AndrewsNew York Court of Appeals · 1873
- People Ex Rel. Higgins v. McAdamNew York Court of Appeals · 1881
- People ex rel. Sheridan v. AndrewsNew York Court of Appeals · 1873
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