Colvard v. Oliver
New York Supreme Court
Costs against party in interest. Colvard was sheriff of Albany, and one of his deputies, by virtue of an execution in favor of Sager and Chesebrough, against one Clark, levied on the property of Clark.
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Costs against party in interest. Colvard was sheriff of Albany, and one of his deputies, by virtue of an execution in favor of Sager and Chesebrough, against one Clark, levied on the property of Clark. After the levy, Oliver and his associates, the defendants, in one of the above causes, and Stiles, the defendant in the other cause, took away the property levied upon; whereupon Sager and Chesebrough, the plaintiffs in the execution, and the deputy sheriff, employed an attorney to commence suits in replevin, in the name of Colvard, the sheriff. A claim of property was interposed, and an…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It is evident that Sager and Chesebrough were the real parties in the replevin suits. The sheriff had levied on the property of Clark, and it was his duty to sell it, and render the avails to the plaintiffs in the execution ; but the goods were taken from him by other persons. Whether it was his duty to have brought a replevin himself, without-an indemnity, need not be here decided, for the parties in interest undertook themselves to do it with the deputy’s consent. In general, where there is a mere claim of property by a third person, it is proper for the sheriff…
2Cited by12 opinions
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