Jackson ex dem. Tuthill v. Dubois
New York Supreme Court
THIS was an action of ejectment. The cause was tried at the Ulster circuit, before Mr. Justice Van Ness, on, the 3d October, 1808. The lessor of the plaintiff claimed title to the premises' in question, under a purchase made at a sheriff’s sale.
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THIS was an action of ejectment. The cause was tried at the Ulster circuit, before Mr. Justice Van Ness, on, the 3d October, 1808. The lessor of the plaintiff claimed title to the premises' in question, under a purchase made at a sheriff’s sale. At the trial, an alias fieri facias was produced, issued out of the Ulster common pleas, tested the 20th September, 1806, and returnable the first Tuesday of January,• 1807, directed to the sheriff of Ulster, and in the usual form, for the sum of 75 dollars debt, and 24 dollars 64 cents damages, against Tunis Sammons. Under this execution, the sheriff…
1Opinion of the CourtSpencer, J.
The plaintiff having been nonsuited at the trial, has moved to set it aside. The facts are briefly these: Cornelius Low obtained a judgment, in the common pleas of Ulster, against Tunis Sammons, which was docketed on the 5th of August, 1801. An execution was issued on this judgment, dated the 28th September, 1806, and a sale was made by the sheriff thereon, of the premises in question, to the lessor of the plaintiff, and a deed was given on the 10th of March, 1807. Sammons's title to the premises on the 21st of March, *2211800, was unquestioned. On that day, he executed a mortgage to Thomas…
2Cited by19 opinions
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- Fort v. BurchNew York Supreme Court · 1849
- Hoyt v. JonesWisconsin Supreme Court · 1872
- Jackson ex rel. Stewart v. TownNew York Supreme Court · 1825
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