Mulks v. Allen
New York Supreme Court
In this case, real estate of the defendant was sold by virtue of an execution and bid in by the executors of the plaintiff, the plaintiff having died since the issuing of the execution.
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In this case, real estate of the defendant was sold by virtue of an execution and bid in by the executors of the plaintiff, the plaintiff having died since the issuing of the execution. The property was bid in at $840,28, under the impression and belief of the purchasers, and of the deputy sheriff who officiated at the sale, that the premises described in the advertisement covered a wollen factory owned by the defendant, worth upwards of $1000; whereas now it was discovered that the premises sold comprised only a garden spot, worth only $150, or less. It was alleged that the deputy had been…
1Opinion of the Court
By the Court,
Savage, Ch. J.
In Lansing v. Quackenbush, 5 Cowen, 38, this court refused to correct the endorsement on the execution, when property had been sold which did not belong to the defendant, because a court of equity was deemed a more proper forum to grant relief; and in Vandenburgh v. Briggs, 7 Cowen, 367, we refused to correct a mistake of the plaintiff’s agent on the ground that junior judgment creditors had acquired rights; but in The Ontario Bank v. Lan*254sing, 2 Wendell, 260, we vacated a sale where the plaintiffs had inadvertently bid a sum less than the amount intended to have…
2Cases cited1 opinion
- President of the Ontario Bank v. LansingNew York Supreme Court · 1829
3Cited by4 opinions
- Schermerhorn v. BarhydtNew York Court of Chancery · 1841
- Stacy v. SmithSouth Dakota Supreme Court · 1896
- Case v. ColterIndiana Supreme Court · 1879
- Richards v. VarnumNew York Supreme Court · 1852