Merry v. Hallet
New York Supreme Court
Ryan, recovered judgment against Suitor, for $52 71, before a Justice of Herkimer county, filed a transcript with the Clerk of that county, and sued out a fi.fa. under which the Sheriff levied on a term of years, in a lot of land belonging to Suitor, and after advertising it for sale for six weeks, in a public newspapei of the county, sold it at public auction to the relator, Merry, who was the highest bidder.
Read the full summary
Ryan, recovered judgment against Suitor, for $52 71, before a Justice of Herkimer county, filed a transcript with the Clerk of that county, and sued out a fi.fa. under which the Sheriff levied on a term of years, in a lot of land belonging to Suitor, and after advertising it for sale for six weeks, in a public newspapei of the county, sold it at public auction to the relator, Merry, who was the highest bidder. The Sheriff made and filed the usual certificate of the sale, which took place on the 24th day of January last. The purchaser insisted that he was entitled to an assignment of the term…
1Opinion of the Court
Curia.
The only question is, whether a term for years is embraced by the words of the act. These are lands or tenements, the latter of which is a word of well known signification, importing not only land in which one has an estate of inheritance, or other freehold, but a term for years. This is a chattel real, and distinguishable, for many pur*498poses from a mere personal chattel. Putnam v. Westcott, (19 John. 73,) is one illustration of the distinction. This Court decided in that case, that a term is not to be considered goods or chattels for the purposes of a sale upon an execution, issued out…
2Cases cited1 opinion
- Putnam v. WestcottNew York Supreme Court · 1821
3Cited by7 opinions
- Despard v. . ChurchillNew York Court of Appeals · 1873
- Duff v. KeatonSupreme Court of Oklahoma · 1912
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Jenkins v. . FaheyNew York Court of Appeals · 1878
- Brainard v. . CooperNew York Court of Appeals · 1852
2 more not listed; retrieve them via the Exa API.