Groff v. Jones
New York Supreme Court
Motion to set aside a sale under execution. The under sheriff of Genesee, on the 7th August, 1830, having in his hands three executions against the defendant, sold a lot of land containing 20 acres, on which were erected a flouring mill, saw' distillery, store, tw'o frame houses, two barns and out-houbl?sJ worth $10,000, for about the sum ofj $2646. One execution was in favor of Groff, on which there was a balance due of about $100, issued on a judgment obtained in 1820, the…
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Motion to set aside a sale under execution. The under sheriff of Genesee, on the 7th August, 1830, having in his hands three executions against the defendant, sold a lot of land containing 20 acres, on which were erected a flouring mill, saw' distillery, store, tw'o frame houses, two barns and out-houbl?sJ worth $10,000, for about the sum ofj $2646. One execution was in favor of Groff, on which there was a balance due of about $100, issued on a judgment obtained in 1820, the execution in which was delivered to the sheriff 31st May, 1830. The second execution w>as in favor of Smith and others,…
1Opinion of the Court
By the Court,
Sutherland, J.
The legislature have enacted that no more of any real estate shall be exposed for sale than shall appear necessary to satisfy an execution issued upon a judgmant. 2 R. S. 369, § 38. This provision can be considered only as directory to the sheriff, and the sale to a bona fide purchaser must be holden to be valid, although the requirements of the statute are not complied with. The only effect, when the purchase is bona fide, is to subject the sheriff to the penalty prescribed; but where the pur*524chase is not bona fide, the sale will be set aside. Here real esfa¿e Worth…
2Cited by23 opinions
- Schroeder v. YoungSupreme Court of the United States · 1896
- Williams v. AllisonSupreme Court of Iowa · 1871
- Mobile Cotton Press & Building Co. v. MooreSupreme Court of Alabama · 1839
- Rector v. HarttSupreme Court of Missouri · 1844
- Shelton v. FranklinSupreme Court of Missouri · 1909
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