Jackson ex dem. M'Crea v. Bartlett
New York Supreme Court
THIS was an action of ejectment. The cause was ii-ied at the Essex circuit, mjune, 1810, before Mr. Justice Van Ness. The plaintiff gave in evidence a record of a judgment, in the court of common pleas of Essex county, in favour óf Israel Bedell, against Nathaniel Mallory, docketed the , _ • r /i . « • . , 20th September, 1801; and a writ orjienjactas, issued on the judgment, tested the 6th January, 1807, which reel-ted that a writ of capias ad satisfaciendum had before been…
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THIS was an action of ejectment. The cause was ii-ied at the Essex circuit, mjune, 1810, before Mr. Justice Van Ness. The plaintiff gave in evidence a record of a judgment, in the court of common pleas of Essex county, in favour óf Israel Bedell, against Nathaniel Mallory, docketed the , _ • r /i . « • . , 20th September, 1801; and a writ orjienjactas, issued on the judgment, tested the 6th January, 1807, which reel-ted that a writ of capias ad satisfaciendum had before been issued on the same judgment, on which Mallory was taken, but escaped from custody. There was a regular return endorsed…
1Per curiam
1. The question on the regularity of the fi.fa. could not be raised in this case. Though the execution may have issued a year and a day after judgment, without revival by set. fa. it was only voidable at the instance of the party against whom it issued. (3 Lev. 403. 3 Caines, 271. 273.) It was good in point of form, and several reasons might possibly have been assigned, if the question had come up on motion to set it aside, why the execution was duly issued, even after the year and *366a day. It was not for the present defendant to question a purchaser s title under such an execution. It was a…
2Cases cited1 opinion
- Reynolds v. CorpNew York Supreme Court · 1805
3Cited by39 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Nagle v. MacyCalifornia Supreme Court · 1858
- Averill v. WilsonNew York Supreme Court · 1848
- Wright v. DouglassNew York Supreme Court · 1850
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