Richards v. Varnum
New York Supreme Court
This was an application on the part of Joseph Russell, to amend the certificate .of sale by the sheriff of Warren county, of certain lands of the defendant, Aaron Varnum, by virtue of executions issued upon the judgments in the above entitled causes, by expunging from said certificate the clauses containing lot number seven in AbeePs patent, particularly bounded therein, and containing about 93 acres of land.
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This was an application on the part of Joseph Russell, to amend the certificate .of sale by the sheriff of Warren county, of certain lands of the defendant, Aaron Varnum, by virtue of executions issued upon the judgments in the above entitled causes, by expunging from said certificate the clauses containing lot number seven in AbeePs patent, particularly bounded therein, and containing about 93 acres of land. The sheriff of that county on the 23d day of November 1847, sold a number of lots of the defendant under the executions then in his hands, and among others lot No. 7, above described.…
1Opinion of the Court
C. L. Allen, Justice.
I can see no objection to granting this motion. The defendant in the executions consents to it, and no injury can can arise to any other individual, who may have any *81rights, accruing under the sale, if any there are. The court has pronounced the sale of lot No. 7 to be a nullity under § 4-6 of 1 R. S. 744, and which have received a construction in Griffen vs. Spencer (6 Hill, 525), and in 6 Barb. 116, 129; 10 Paige, 562; 2 Barb. Ch. 458. Varnum entered into possession under his contract to purchase from Rogers, and never having received a deed the court decided that the…
2Cases cited7 opinions
- Brewster v. PowerNew York Court of Chancery · 1844
- Kellogg v. KelloggNew York Supreme Court · 1849
- Hunt v. Grant & TrowbridgeNew York Supreme Court · 1838
- Mulks v. AllenNew York Supreme Court · 1834
- Smith v. HudsonNew York Supreme Court · 1823
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