Boyd v. Boyd
New York Court of Common Pleas
Appeal from special term. Action by David Boyd against Robert Boyd, Elise Boyd, Joseph J. Carberry, and John B. Sexton, sheriff of the city and county of New York.
Read the full summary
Appeal from special term. Action by David Boyd against Robert Boyd, Elise Boyd, Joseph J. Carberry, and John B. Sexton, sheriff of the city and county of New York. From an order denying a motion to strike the cause from the equity calendar, and to send it to the trial term for trial by jury, or to show cause why one or more of the issues should not be framed for trial, or why all the issues should not be so tried, or why such of the alleged causes of action as are legal in their nature should not be tried by a jury, defendants Boyd and Carberry appeal.
1Opinion of the CourtDaly, C. J.
The action was brought to recover possession of premises on Elm and Pearl streets, in this city, formerly owned by Robert Boyd, and sold under execution against him to one Brit-ton, and thereafter redeemed by Samuel Boyd, another judgment creditor, to whom the sheriff issued a certificate, and who became entitled to a deed, but died before receiving it, leaving the plaintiff his only heir at law, to whom letters of administration upon, his estate were issued. After the death of Samuel Boyd, the sheriff, upon production to him by the other defendants of an alleged forged assignment of said…
2Cases cited3 opinions
- Phillips v. . GorhamNew York Court of Appeals · 1858
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Peck v. NewtonNew York Supreme Court · 1862
3Cited by6 opinions
- Alfred University v. FraceAppellate Division of the Supreme Court of the State of New York · 1920
- Hamlin v. PeopleAppellate Division of the Supreme Court of the State of New York · 1913
- Jacob v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1903
- Jacob v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1903
- Storandt v. WakeleeAppellate Division of the Supreme Court of the State of New York · 1919
1 more not listed; retrieve them via the Exa API.