Legal Opinion

Jackson ex dem. Witherell & Hyde v. Jones

New York Supreme Court

Decided August 15, 1828PublishedCited by 9 opinions

Ejectment brought .to recover possession of a lot of land situate in the' town of Hartford, in the county of Washington; tried at the Washington circuit, on the 16th day of June, 1826, before Timopp, C. Judge.

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Ejectment brought .to recover possession of a lot of land situate in the' town of Hartford, in the county of Washington; tried at the Washington circuit, on the 16th day of June, 1826, before Timopp, C. Judge. On the trial, the plaintiff gave in. eviden.ee the transcripts of two judgments, one in favor of Hyde, one of the lessors of the plaintiff, against Jonathan Morrison, rendered by Archibald Hay, Esq., one of the justices of the peace of the town of Hartford, on the 31st day of March, 1824, for 835 66 damages and costs, which transcript was filed in the clerk’s office of the county of…

1Opinion of the Court

Curia, per Sutherland, J.

The lessors of the plaintiff claimed a right to recover the premises in question, as purchasers át a sheriff’s sale, under two judgments against one Jonathan Morrison. One of the judgments was in favor of Withered, and the other of Hyde; and they became joint purchasers of the premises in question upon the sale.

The judgments were originally obtained before a justice of the peace, and the transcripts were certified and filed in the county clerk’s office; and the judgments were entered therein, and the executions were issued, in pursuance of the.provisions of the 9th…

2Cases cited3 opinions

  1. Jackson ex rel. Stewart v. TownNew York Supreme Court · 1825
  2. Jackson ex dem. Smith v. StewarthNew York Supreme Court · 1810
  3. Jackson ex dem. Martin v. PrattNew York Supreme Court · 1813

3Cited by9 opinions

  1. Clark v. SawyerCalifornia Supreme Court · 1874
  2. Sill Stove Works v. ScottAppellate Division of the Supreme Court of the State of New York · 1901
  3. Atchison v. RosalipWisconsin Supreme Court · 1851
  4. Green v. MannCourt of Appeals for the D.C. Circuit · 1902
  5. Agar v. TibbetsNew York Supreme Court · 1887

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