Emmet v. Bradstreet
New York Supreme Court
Demurrer to plea. The plaintiffs declared in debt on a judgment obtained by the intestate against the defendant for $20,000 debt, and$36.17 damages, rendered in the term of February, 1824. The defendant pleaded, that on the 16th May, 1822, a judgment was recovered against her in favor of one George H. Newbold, for the sum of $632.53, upon which judgment an éxecution was issued and delivered to the sheriff of Delaware, who by virtue thereof, on the 2d October, 1823, sold all…
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Demurrer to plea. The plaintiffs declared in debt on a judgment obtained by the intestate against the defendant for $20,000 debt, and$36.17 damages, rendered in the term of February, 1824. The defendant pleaded, that on the 16th May, 1822, a judgment was recovered against her in favor of one George H. Newbold, for the sum of $632.53, upon which judgment an éxecution was issued and delivered to the sheriff of Delaware, who by virtue thereof, on the 2d October, 1823, sold all the right, title and interest of her, the defendant, in and to an undivided moiety of a lot of land containing 1,050…
1Opinion of the Court
The Court
gave judgment for the plaintiffs, holding that the creditor by the redemption takes the title, and stands in the place of the purchaser ¿ whose title as against the judgment debtor had become perfect previous to the time when the creditor obtained the right to redeem. The redeeming creditor is bound to extinguish intermediate liens, and so far forth the deb;or is benefited; but the judgment of the redeeming creditor remains unaffected.
Judgment for the plaintiffs.
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