Snyder v. Warren
New York Supreme Court
A judgment was docketed in the Common Picas of ®-ensseIae1' county, in favor of J. G. & H. Snyder, against Barnard Wagar, for $1575 10, on which afi. fa. was issued) and on the 15th August, 1822, the Sheriff of Rensselaer county sold a farm of Wagar to the Snyders at a bid of $888, and executed to them a certificate of sale.
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A judgment was docketed in the Common Picas of ®-ensseIae1' county, in favor of J. G. & H. Snyder, against Barnard Wagar, for $1575 10, on which afi. fa. was issued) and on the 15th August, 1822, the Sheriff of Rensselaer county sold a farm of Wagar to the Snyders at a bid of $888, and executed to them a certificate of sale. On the November, 1823, Wagar confessed a judgment before a Justice of Rensselaer county, in favor of J. P. De Freest, ^01‘ $25 27 damages, with 81 cents costs, a transcript whereof was filed in the Clerk’s office. On the same day, De Freest applied to the Sheriff to…
1Opinion of the Court
[Woodworth, J.
It was decided otherwise at the present term. The obligation to file a particular of the consideration, does not apply to confessions where the sum is less than 50 dollars.]
The attempt to redeem was not ih time. It was not m 15 months after the sale, within the meaning of the statute giving the right; which intends lunar, not calendar months.
[Woodworth, J.
Our attention was drawn to that question in a case lately before us, and though it was not necessary to pass upon it, yet none of us entertained any doubt that the statute intended calendar months.]
At any rate, the day of sale…
2Cases cited2 opinions
- Hoffman v. DuelNew York Supreme Court · 1809
- Gillespie v. WhiteNew York Supreme Court · 1819
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- Baltimore & Drum Point Railroad v. PumphreyCourt of Appeals of Maryland · 1891
- In re the Judicial Settlement of the Account of EyeingtonAppellate Division of the Supreme Court of the State of New York · 1938
- Gorham v. WingMichigan Supreme Court · 1862
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