Bogert v. Perry
Court for the Trial of Impeachments and Correction of Errors
A IT HAL from the Court of Chancery. John Atkinson, being seised in fee of lot No. 98, in the township of Junius, on the 4th of June, 1804, by a written contract, agreed to sell to Lewis Birdsall, parts of the lot, or about 296 acres, at four dollars per acre; 400 dollars, part of the purchase money, to bo paid down, and the residue in three annual instalments; a. deed to be given to the purchaser, on payment of the second instalment, and a mortgage to be given by him to…
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A IT HAL from the Court of Chancery. John Atkinson, being seised in fee of lot No. 98, in the township of Junius, on the 4th of June, 1804, by a written contract, agreed to sell to Lewis Birdsall, parts of the lot, or about 296 acres, at four dollars per acre; 400 dollars, part of the purchase money, to bo paid down, and the residue in three annual instalments; a. deed to be given to the purchaser, on payment of the second instalment, and a mortgage to be given by him to secure the residue of the purchase money. Birdsall paid A. the 400 dollars, and went into immediate possession of the land,…
1Opinion of the Court
Spencer, Ch. J.
The single question in this case is, whether Smith had such an interest in the land contracted for with Birdsall, and which the latter had contracted for with Atkinson, as was liable to be sold on execution, or as was bound by the judgment in favor of Harison 1 If he had not, then there is an end of all the other points raised by the appellant; for his right to relief depends entirely upon the legal effect of Harison s judgment on the interest which Smith had in these lands. It is well settled, that a mere chose in action cannot be levied on and sold by execution. (4 Johns.…
2Cited by18 opinions
- Pitts v. McWhorterSupreme Court of Georgia · 1847
- Kennedy v. NunanCalifornia Supreme Court · 1877
- McNeeley v. . WelzNew York Court of Appeals · 1901
- Moore v. SpellmanNew York Supreme Court · 1848
- Moyer v. HinmanNew York Supreme Court · 1853
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