King v. Warren
New York Supreme Court
This action is brought to restrain the defendant sheriff from selling the plaintiff’s land under an execution, on the ground that being purchased with pension money, it is exempt. The defendant urges that the plaintiff is estopped from setting up that privilege.
1Opinion of the CourtWeight, J.
The plaintiff, with three others as sureties, executed with one William. T. Mullen as principal, an undertaking of bail in a criminal action to secure the release of said Mullen from prison, pending an appeal from a judgment of conviction for a felony, rendered in the Oswego County Court. The judgment was affirmed and the criminal absconded. An action on the undertaking was brought' in the County Court against the sureties but not against the principal.
The judgment in question for $1,528.04 was obtained against the sureties, and the sheriff levied upon the plaintiff’s farm, which was…
2Cases cited5 opinions
- Robinson v. . WileyNew York Court of Appeals · 1857
- Terrell & Vincent v. Hurst, Miller & Co.Supreme Court of Alabama · 1884
- Rutt v. HowellSupreme Court of Iowa · 1879
- Sharp v. American Freehold Land Mortgage Co.Supreme Court of Georgia · 1895
- Countryman v. CountrymanNew York Supreme Court · 1893
3Cited by1 opinion
- McMahon v. CookAppellate Division of the Supreme Court of the State of New York · 1905