Velie v. Myers
New York Supreme Court
THE plaintiffs, and other persons since deceased, having, as ecutorsof Baltus Velie, recovered a judgment against/saac Weeks, since deceased, in this court, on the 18 th of August, 1800, for 417 dollars and 24 cents, issued a scire facias, tested in January term, 1815, against the heirs and terre-tenants of Weeks, by tue of which Myers was summoned as terre-tenant of a house and lot in Poughkeepsie, the land and tenement of Weeks, on the day of docketing the judgment, and…
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THE plaintiffs, and other persons since deceased, having, as ecutorsof Baltus Velie, recovered a judgment against/saac Weeks, since deceased, in this court, on the 18 th of August, 1800, for 417 dollars and 24 cents, issued a scire facias, tested in January term, 1815, against the heirs and terre-tenants of Weeks, by tue of which Myers was summoned as terre-tenant of a house and lot in Poughkeepsie, the land and tenement of Weeks, on the day of docketing the judgment, and appeared and pleaded ; and Weeks and Carman, who were summoned as heirs, made default. Myers, in his plea,, stated, that…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. This case comes before the court on a demurrer to the plea to a scire facias to revive a judgment against Isaac Weeks. The plea is founded upon the twelfth section of the act concerning judgments and executions, (1 N. R. L. 504,) and contains, substantially, every necessary allegation to bring the defendant within the statute, and protect the sale made by Weeks whilst a prisoner in execution. Some of the matters set forth in the plea are mere inducement. The substance of it, however, is, that the lands sought to be charged in execution had…
2Cited by1 opinion
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