Jackson ex dem. Russell v. Croy
New York Supreme Court
THIS was an action of ejectment, for land, in Peter sburgh, . i . —. _ . Y « t i tried at the Rensselaer circuit, m June last.
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THIS was an action of ejectment, for land, in Peter sburgh, . i . —. _ . Y « t i tried at the Rensselaer circuit, m June last. T The plaintiff gave in evidence a deed, dated 31st January, 1805, from Abraham Ten Broeck to Abel Russell, for the farm, of which the premises in question are part, and that Russell took possession under that deed, and continued in possession until June, 1811. The plaintiff also gave in evidence an ex-amplification of the record of a judgment in favour of Samuel Starr and Jacob Houghton, against Abel Russell, for 250 dollors of debt, and eight dollars damages,…
1Opinion of the CourtYates, J.
The judgment given in evidence against Abel Russell, was docketed in 1807. The execution had regularly issued on it, so that the sale made by the sheriff, and the deed given by him, in June, 1811, to David Russell, vested the title to the premises in him. That title cannot be affected by the deed of Abel Russell, to Griffis and Philips, executed in October, 1810, being subsequent to the docketing of the judgment upon which the sheriff’s deed to David Russell is founded, unless that deed has been obtained from the sheriff under circumstances of fraud, which would render it void.
The paroi proof…
2Cited by21 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Clements v. Life Insurance Co.Supreme Court of North Carolina · 1911
- Kellogg v. KelloggNew York Supreme Court · 1849
- Berkowitz v. BrownNew York Court of Common Pleas · 1893
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