Wild v. Porter
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Luzerne A. Wild, as executor of the last will and testament of Allen Wild, deceased, against William 0. Porter, sheriff of Delaware county, to replevy certain property taken by the defendant, as sheriff of Delaware county, upon an execution against one W. D. Aylesworth, in favor of George Cornell.
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Appeal from trial term. Action by Luzerne A. Wild, as executor of the last will and testament of Allen Wild, deceased, against William 0. Porter, sheriff of Delaware county, to replevy certain property taken by the defendant, as sheriff of Delaware county, upon an execution against one W. D. Aylesworth, in favor of George Cornell. The plaintiff claims that he held the property as a mortgagee in possession, under a chattel mortgage given by Aylesworth, bearing date April 5, 1898, to secure a debt due in one year therefrom, and that he had advertised to sell such property under such mortgage on…
1Opinion of the CourtParker, P. J.
This case was decided solely upon the ground that the judgment under which defendant justified the levy complained of was utterly void. The question as to whether the plaintiff had, in fact, taken possession of the property before the levy, was not considered by the court or the jury. Nor were the questions whether tieorge Cornell was a creditor of Aylesworth, the mortgagor, prior to the confession of this judgment, and, if so, how long he had been such; nor whether the indebtedness for which the judgment was confessed had existed against Aylesworth prior to his default in the payment of the…
2Cases cited2 opinions
- Critten v. . VredenburghNew York Court of Appeals · 1897
- Critten v. VredenburghAppellate Division of the Supreme Court of the State of New York · 1896