Legal Opinion

Olcott v. . Robinson

New York Court of Appeals

Decided March 5, 1860PublishedCited by 25 opinions

' Appeal from the Supreme Court. Ejectment for the north half of Yalcour Island in Lake Champlain. Upon the trial the plaintiff made title under a sale upon execution on Wednesday the 8th day of May, 1850, and the question was whether sufficient publication had been made of the sheriff’s notice of the time and place of making such sale.

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' Appeal from the Supreme Court. Ejectment for the north half of Yalcour Island in Lake Champlain. Upon the trial the plaintiff made title under a sale upon execution on Wednesday the 8th day of May, 1850, and the question was whether sufficient publication had been made of the sheriff’s notice of the time and place of making such sale. Notice was given by the sheriff as follows: 1. By posting the same pursuant to the statute on Tuesday the 26th of March, 1850, in three public places in the town where the real estate is situated. 2. By causing a copy of such notice to be printed, in a…

1Opinion of the CourtDavies, J.

The Revised Statutes require (2 R. S., 368, § 36) that the time and place of holding any sale of real estate pursuant to any execution, shall be publicly advertised previously for six weeks successively, as follows i 1. A written or printed notice thereof shall be fastened up in three public places in the town where such real estate shall be sold. 2. A copy of such notice shall be printed once in each week, in a news paper of such county if there be one. It is conceded that the formalities required by the first subdivision of this section have been complied with, and that the time and place…

2Cases cited2 opinions

  1. Sheldon v. WrightNew York Supreme Court · 1849
  2. Orrok v. OrrokMassachusetts Supreme Judicial Court · 1805

3Cited by25 opinions

  1. Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
  2. State ex rel. Weber v. TuckerMissouri Court of Appeals · 1888
  3. Savings and Loan Society v. ThompsonCalifornia Supreme Court · 1867
  4. Finlayson v. PetersonNorth Dakota Supreme Court · 1896
  5. State v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1868

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