Bond v. Willet
New York Court of Appeals
Wynter S. Bond brought this action in the supreme court against James 0. Willet (for whom, on his death pending the appeal, James S., his administrator, was substituted), to recover certain goods taken by) and in the possession of, the defendant, as sheriff of the city and county of New York, who claimed to hold them by virtue of a levy made August 27, 1856, under an Execution issued out of the supreme court, in favor of Fredrick A. Conkling and others, against Eemsen &…
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Wynter S. Bond brought this action in the supreme court against James 0. Willet (for whom, on his death pending the appeal, James S., his administrator, was substituted), to recover certain goods taken by) and in the possession of, the defendant, as sheriff of the city and county of New York, who claimed to hold them by virtue of a levy made August 27, 1856, under an Execution issued out of the supreme court, in favor of Fredrick A. Conkling and others, against Eemsen & Dingee. The defendants in the execution were copartners, under that name, merchants, doing business and having their store…
1Opinion of the CourtDavies, J.
[After stating the facts as above.] — At the common law no levy upon personal property was necessary; the goods were bound from the award or teste of the execution, and the sheriff could take the goods out of the hands of even a bona fide purchaser. Anonymous, Cro. Eliz. 174; Burcher v. Wisemand, Id. 440.
As a judgment, when entered during the term, had relation back to the first day of the term, the execution could be tested as of the first day of the term, so it might well happen that the title of the sheriff was superior to that of a bona fide purchaser, even though he had become such…
2Cases cited13 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Connah v. HaleNew York Supreme Court · 1840
- Roth v. . WellsNew York Court of Appeals · 1864
- Ray v. BirdseyeCourt for the Trial of Impeachments and Correction of Errors · 1846
- Beekman v. LansingNew York Supreme Court · 1830
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