Swan v. Saddlemire & Wood
New York Supreme Court
This was an action on the case, tried at the Albany circuit in September, 1830, before the Hon. James Vanderpoel., one of the circuit judges.
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This was an action on the case, tried at the Albany circuit in September, 1830, before the Hon. James Vanderpoel., one of the circuit judges. The defendants were charged in the declaration with combining together to defraud the plaintiff, by setting up a judgment in favor of Wood against Saddlemire, which had been paid and satisfied, sued out an execution thereon, and selling a farm held by the plaintiff by conveyance derived from Saddlemire since the rendition of the judgment on which the execution issued. The defendants pleaded the general issue. On the trial, the plaintiff read in evidence…
1Opinion of the Court
By the Court, Sutherland, J.
The nonsuit mnst have been granted, either upon the ground of the variance between the judgment and execution, or else upon the general ground that the sale was a perfect nullity, by which the plaintiff could not have been injured, and for which therefore no action would lie; for, independently of these considerations, the evidence certainly was sufficient to go to the jury.
It was urged on the argument, on the part of the defendants, that there was no evidence to shew that the plaintiff had any interest in the land attempted to be sold. The evidence upon this…
2Cases cited5 opinions
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Jackson ex dem. Ten Eyck v. WalkerNew York Supreme Court · 1830
- Jackson ex dem. Hunter v. PageNew York Supreme Court · 1830
- Percival v. JonesNew York Supreme Court · 1800
- Daniels v. DanielsMassachusetts Supreme Judicial Court · 1810
3Cited by28 opinions
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- Verplanck v. . Van BurenNew York Court of Appeals · 1879
- Splahn v. GillespieIndiana Supreme Court · 1874
- Dalury v. RezinasAppellate Division of the Supreme Court of the State of New York · 1918
- Ellis v. JonesSupreme Court of Missouri · 1873
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