Wood v. Torrey
New York Supreme Court
Motion for perpetual stay of execution. In September, 1826, a fieri facias was issued on a judgment obtained in the preceding August in this cause, directing the sheriff to levy the sum of $350,93. Personal property of the defendant to an amount sufficient to satisfy the execution was levied upon by the sheriff.
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Motion for perpetual stay of execution. In September, 1826, a fieri facias was issued on a judgment obtained in the preceding August in this cause, directing the sheriff to levy the sum of $350,93. Personal property of the defendant to an amount sufficient to satisfy the execution was levied upon by the sheriff. The execution was returnable in October, 1826. In November, 1826, Jethro Wood, who had become the assignee of the judgment, executed to the sheriff a receipt for sundry articles of property, received of the sheriff in this cause, valued at $375, which he-, promised to deliver to the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The levy by the sheriff upon sufficient personal property to satisfy the execution, previous to the sale of the real estate by the defendant in the judgment, was a satisfaction of the judgment. This is not new doctrine. In Clerk v. Withers, 2 Ld. Raym. 1072, it was held that a defendant whose goods were seized on execution, was discharged of the judgment. Payment to the sheriff on a ji. fa. is a bar to an action on the judgment, though the sheriff do not bring the money into court, nor-pay it to the plaintiff. Cro. Eliz. 209, 391. In Ladd v. Blunt, 4 Mass. R. 403,…
2Cited by19 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Lindley v. KelleyIndiana Supreme Court · 1873
- People ex rel. Luther v. Onondaga C. P.New York Supreme Court · 1837
- Dickson v. BackOregon Supreme Court · 1897
- Lee v. DavisSupreme Court of Alabama · 1849
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