People ex rel. Post v. Fleming
New York Supreme Court
Redemption of lands sold on execution. There were seven judgments against Daniel Hart and others, which were docketed in the following order: 1, in favor of Burnham ; 2, in favor of Dana; 3, in favor of Biddle ; 4, in favor of the same; 5, 6 and 7, in favor of the Bank of Ithaca. Executions were issued upon the judgments 1, 2 and 4, and the lands were sold by the sheriff on the 15th of January, 1842, to Isaac S. Kellum.
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Redemption of lands sold on execution. There were seven judgments against Daniel Hart and others, which were docketed in the following order: 1, in favor of Burnham ; 2, in favor of Dana; 3, in favor of Biddle ; 4, in favor of the same; 5, 6 and 7, in favor of the Bank of Ithaca. Executions were issued upon the judgments 1, 2 and 4, and the lands were sold by the sheriff on the 15th of January, 1842, to Isaac S. Kellum. From the proceeds of the sale the Burnham and Dana judgments (1, 2,) were satisfied : and the sum of $575 was applied on the Biddle judgment, (4;) leaving a balance of more…
1Opinion of the Court
By the Court, Bronson, Ch. J.
As the lands were sold by the sheriff on an execution upon one of the Biddle' judgments, as well as upon the Burnham and Dana judgments, the relator could not use that judgment, although a large balance remained due upon it, for the purpose of acquiring the title of the original, or any subsequent purchaser. (2 R. S. 373, § 58; Ex parte Paddock, 4 Hill, 544; Ex parte Stevens, 4 Cowen, 133.) But the relator also owned the other Biddle judgment, on which no execution had been issued; and the papers left with the sheriff were so prepared as to show the relator’s…
2Cases cited1 opinion
- Ex parte AldrichCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by10 opinions
- Pamperin v. ScanlanSupreme Court of Minnesota · 1881
- Whiting v. ButlerMichigan Supreme Court · 1874
- Benton v. . HatchNew York Court of Appeals · 1890
- Williams v. LashSupreme Court of Minnesota · 1863
- Miller v. . LewisNew York Court of Appeals · 1851
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