People Ex Rel. Post v. Ransom
New York Court of Appeals
Appeal from the supreme .court, where the proceeding was by mandamus issued on the relation of Post, to compel the execution of a deed to the relator of' land sold under execution.
Read the full summary
Appeal from the supreme .court, where the proceeding was by mandamus issued on the relation of Post, to compel the execution of a deed to the relator of' land sold under execution. The case was substantially this : On the 30th of Nov. 1841, the lands of Samuel Hart were sold by the defendant, then sheriff oi Tioga, on a judgment of the supreme court against Hart and others, in favor of John Hollenback, docketed in 1838. Hollenback became the purchaser for $416,45, and received the sheriff’s certificate. The relator was the assignee of two judgments recovered in the supreme court against Hart…
1Opinion of the CourtStrong, J.
It was decided by the court for the correction of errors, in the case of the Commercial Bank of Albany v. The Canal Commissioners, (10 Wend. 25,) that in an alternative mandamus the relator is bound to set forth facts sufficent to entitle him to the relief which he claims, and that it is competent for the defendant at any time after a return and before a peremptory mandamus is awarded, to object that the first writ is defective in substance in not stating a valid title. The reason assigned by Lord Chief Justice Abbot, in the case of The King v. The Margate Pier Company, (3 Barn. & Ald. 221,)…
2Cases cited2 opinions
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- Ex parte ShumwayNew York Supreme Court · 1847
3Cited by21 opinions
- Bagley v. WardCalifornia Supreme Court · 1869
- Fisher v. City of CharlestonWest Virginia Supreme Court · 1881
- Matter of Leitner v. New York Telephone Co.New York Court of Appeals · 1938
- Doolittle v. County Court of Cabell CountyWest Virginia Supreme Court · 1886
- Tinkcom v. LewisSupreme Court of Minnesota · 1874
16 more not listed; retrieve them via the Exa API.