Camp v. McCormick
Court for the Trial of Impeachments and Correction of Errors
Motion on behalf of the plaintiff that the sheriff of Tioga pay over to him money levied upon executions. An alias and a plañes execution had been successively issued in this cause, upon each of which personal property had been sold, upon the first to the amount of ,$65,37, and on the other to $69,25. The proceeds of the sale on the first execution were paid by the sheriff to one, Halsey, who as landlord had given notice claiming rent to be due him from the defendant for the…
Read the full summary
Motion on behalf of the plaintiff that the sheriff of Tioga pay over to him money levied upon executions. An alias and a plañes execution had been successively issued in this cause, upon each of which personal property had been sold, upon the first to the amount of ,$65,37, and on the other to $69,25. The proceeds of the sale on the first execution were paid by the sheriff to one, Halsey, who as landlord had given notice claiming rent to be due him from the defendant for the premises upon which the property was taken. It appeared that the rent claimed had not fallen due at the time of the…
1Opinion of the Court
By the Court, Beardsley, J.
The first levy was made on the eighth of August, at which time it is not pretended any rent was due to Halsey. A landlord can only claim in this form such rent as was due at the time of the levy. (1 R. S. 746, § 12 ; Theriat v. Hart, 2 Hill, 380.) The notice claiming the proceeds of the property levied on, shews that the rent fell due subsequently to the levjq and therefore fails to establish a right to these proceeds. That money should have been applied on the execution, unless it was paid on the claim interposed by Halsey, by the consent of the plaintiff’s…
2Cited by3 opinions
- Matthews v. WilliamsSupreme Court of Florida · 1869
- Wilson v. WrightNew York Supreme Court · 1854
- Dewey v. . WhiteSupreme Court of North Carolina · 1871