Devoe v. Elliot
New York Supreme Court
This was an action against the defendant to recover the ' value of a mare, sold by him to the plaintiff. The facts were, that on the 17th of June, 1800, a wri$ of fieri facias was delivered to the sheriff of Montgomery, against the goods, &c. of Avery Herrick, returnable on thg third Tuesday, in July then next. On the tenth of November ^following, Herrick bought the mare in question, and sold her to the defendant, of whom she was purchased by the plaintiff.
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This was an action against the defendant to recover the ' value of a mare, sold by him to the plaintiff. The facts were, that on the 17th of June, 1800, a wri$ of fieri facias was delivered to the sheriff of Montgomery, against the goods, &c. of Avery Herrick, returnable on thg third Tuesday, in July then next. On the tenth of November ^following, Herrick bought the mare in question, and sold her to the defendant, of whom she was purchased by the plaintiff. A few days after this, the sheriff levied on the mare in the plaintiff hands, and sold her by virtue of the writ, then remaining…
1Opinion of the Court
1'er Curiam.
The only question arising in this case is, whether a sheriff' can, by virtue of a fieri facias, duly delivered to him before the return day, legally levy on, and sell, goods and chattels acquired by the defendant after the return day in the execution? We think he cannot.(b) We take it to be a general principle that all process must be served before the return day. The utmost length the law allows for executing a writ is the day whereon it is returnable. When a sheriff has levied an execution in due time, he may complete the same by sale after the return day, but should he omit…
2Cited by8 opinions
- Vail v. LewisNew York Supreme Court · 1809
- Witbeck v. . Van RensselaerNew York Court of Appeals · 1876
- Bondurant v. BufordSupreme Court of Alabama · 1840
- Johnson v. BemisNebraska Supreme Court · 1878
- Delafield v. ParishNew York Surrogate's Court · 1857
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