Jackson ex dem' Klein v. Graham
New York Supreme Court
THE plaintiff in this action shewed title by a regular conveyance from the sheriff of the county, under an execu-' tionupon a judgment in this court, signed and docketed on the twenty-third of October, 1802. He further established that before the entry of the judgment, the defendant had been, andthen was in possession of the premises.
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THE plaintiff in this action shewed title by a regular conveyance from the sheriff of the county, under an execu-' tionupon a judgment in this court, signed and docketed on the twenty-third of October, 1802. He further established that before the entry of the judgment, the defendant had been, andthen was in possession of the premises. To rebut this testimony, the defendant offered to provey that one Ira Day was the real owner of the land; and for this purpose, produced a deed for the very subject of controversy, duly executed on the 15⅛ of April, Í802, by himself and wife, to Day¿ He further…
1Per curiam
We are all of opinion, that the testimony offered by the defendant, was properly rejected. The interest of Graham was sold ; this cannot prejudice the right of the landlord. A purchaser under an execution, becomes quasi tenant, and if the defendant held only at will, the landlord might the very next day bring his action, and the vendee would be estopped from setting up a right in a third person. It is plain therefore, that the landlord can sustain no kind of injury. The same principle was settled in Kane v. Steenbergh, decided in October term 1799, in which we-held a purchaser under a…
2Cited by25 opinions
- Robinson v. ThorntonCalifornia Supreme Court · 1893
- Jackson ex rel. Stewart v. TownNew York Supreme Court · 1825
- Burhans v. . Van ZandtNew York Court of Appeals · 1852
- Cooper v. GalbraithU.S. Circuit Court for the District of Pennsylvania · 1819
- Kellogg v. KelloggNew York Supreme Court · 1849
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