Hall v. Thomas
New York Supreme Court
THIS was an action of ejectment" brought" co recover possession of certain lands situate in Steuben county. The cause was referred to a referee, who found the following facts: On the 8th of August, 1850, one Flavel W. Morrow was owner of the premises in question, and on that day a judgment was docketéd in Steuben county in favor of one George-A. Bush, against said Morrow and others, for $379.69. On the 12th of August, 1850, an execution Was issued on said judgment to the,…
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THIS was an action of ejectment" brought" co recover possession of certain lands situate in Steuben county. The cause was referred to a referee, who found the following facts: On the 8th of August, 1850, one Flavel W. Morrow was owner of the premises in question, and on that day a judgment was docketéd in Steuben county in favor of one George-A. Bush, against said Morrow and others, for $379.69. On the 12th of August, 1850, an execution Was issued on said judgment to the, sheriff of Steuben county, by virtue of which the sheriff sold the premises to the plaintiff on the 28th of February,…
1Opinion of the Court
By the Court, Johnson, J.
The only evidence which the defendant presented to, and left with, the sheriff, of his title to the judgment under which he claimed the right to redeem, was his own affidavit that he was owner, and assignee, and a paper purporting to be an assignment thereof from the plaintiffs therein to him. This paper was not verified by the affidavit of any one, and there is nothing in the defendant’s affidavit by which it is identified as the instrument under which he claims to own, and hold, the judgment. This clearly was not sufficient. It is not the evidence required by the…
2Cases cited2 opinions
- Waller v. HarrisNew York Supreme Court · 1838
- Waller v. HarrisNew York Court of Chancery · 1838
3Cited by3 opinions
- Eiceman v. FinchIndiana Supreme Court · 1881
- Wood v. MoorhouseNew York Supreme Court · 1869
- People ex rel. Austin v. FralickMichigan Supreme Court · 1864