Farnham v. Hildreth
New York Supreme Court
THE defendant appeals from a judgment entered on the report of a referee, in an action of ejectment. The plaintiffs claim title under one Truman Hildreth, hy virtue of a sale on a judgment and execution. An action was commenced by the service of a summons and complaint, in which the defendant was named Freeman Hildreth. They were served upon Truman Hildreth.
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THE defendant appeals from a judgment entered on the report of a referee, in an action of ejectment. The plaintiffs claim title under one Truman Hildreth, hy virtue of a sale on a judgment and execution. An action was commenced by the service of a summons and complaint, in which the defendant was named Freeman Hildreth. They were served upon Truman Hildreth. Judgment was perfected and execution issued against Freeman Hildreth, and the premises claimed by the plaintiff were sold as the property of Truman Hildreth, and a certificate and deed given, reciting a judgment and execution against…
1Opinion of the CourtAllen, J.
When this cause was before us, in October, 1858, we held that the judgment against Freeman Hildreth did not authorize a sale of the property of Truman Hildreth, although he might have been the individual intended. In reviewing that decision at the request of counsel, we see no reason to recall or modify it. The judgment and execution were not against Truman Hildreth, and did not authorize a sale of his property. The precise point was decided in Cole v. Hindson, (6 T. R. 234.) The goods of Aquila Cole were taken under a process against Eichard Cole. To an action of trespass, brought for the…
2Cases cited7 opinions
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Padgett v. LawrenceNew York Court of Chancery · 1843
- Griswold v. SedgwickNew York Supreme Court · 1828
- Hall v. HallMassachusetts Supreme Judicial Court · 1804
- Scott v. ElyNew York Supreme Court · 1830
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3Cited by27 opinions
- Block v. HooperIllinois Supreme Court · 1925
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- Schoellkopf v. OhmeisNew York Court of Common Pleas · 1895
- Atwood v. LandisSupreme Court of Minnesota · 1876
- Gardner v. KraftNew York Court of Common Pleas · 1877
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