Hale v. . Sweet
New York Court of Appeals
This was an action, brought by the plaintiff’s testator, George .Merry, to recover the possession of the canal boat “ O. H. Smith,” seized at Syracuse, by the defendant Benson,. sheriff of Onondaga county, under an execution issued upon a judgment in favor of the defendants Sweet against one Jones.
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This was an action, brought by the plaintiff’s testator, George .Merry, to recover the possession of the canal boat “ O. H. Smith,” seized at Syracuse, by the defendant Benson,. sheriff of Onondaga county, under an execution issued upon a judgment in favor of the defendants Sweet against one Jones. It appeared that -the original plaintiff, George Merry, built the boat, and, ..in .September, 1861, sold one-half of her to Jones for $250. He took property in part payment and the notes of Jones secured .by a chattel mortgage of Jones upon the share of the boat .-sold to him for the balance of the…
1Opinion of the CourtGboveb, J.
It was necessary for the defendant to show a valid judgment against Jones, upon which the execution, levied upon the boat, was issued. If the discharge of Jones, from his debts, was valid, under the provisions of article 3, title 1, chapter 5, part 2d, E. S., pursuant to which, it was claimed to have been given, the judgment against him was discharged, and the defense failed. The defendants claimed, that the discharge was void, for want of jurisdiction in the officer granting it, for the reason, that the affidavits of some of the petitioning creditors failed to show the consideration of the…
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- Harlev v. Sanitary District of ChicagoAppellate Court of Illinois · 1903
- Field v. BakerU.S. Circuit Court for the District of Eastern New York · 1875
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