Flanders v. Batten
New York Supreme Court
Appeal from circuit court, Niagara county. This action was brought by Frank E. Flanders against George W. Batten, to recover for the alleged conversion by the defendant of a quantity of personal property of the plaintiff.
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Appeal from circuit court, Niagara county. This action was brought by Frank E. Flanders against George W. Batten, to recover for the alleged conversion by the defendant of a quantity of personal property of the plaintiff. The defendant, by way of justification, alleged that he was sheriff of the county of Niagara, and that he levied upon and sold the property by virtue of an execution issued upon a judgment against Webster Flanders and others, and that by such execution he was commanded to satisfy the judgment out of the property of Webster Flanders, who had an interest in the property…
1Opinion of the CourtBradley, J.
The finding of the jury that the sale and transfer by Web•ster Flanders to the plaintiff of the property in controversy was fraudulent, ■ as against the creditors of the former, was supported by the evidence. The main question for consideration on this review is whether the execution was void. While it correctly recited the judgment, stating the names of the parties in whose favor and against whom it was rendered, as provided by statute, (Code Civil Proc. § 1366,) it directed the sheriff to satisfy it out of the property of one only of the three judgment debtors. It is the usual practice to…
2Cases cited13 opinions
- Hunt v. LoucksCalifornia Supreme Court · 1869
- Davis v. . LeopoldNew York Court of Appeals · 1881
- Peck v. . TiffanyNew York Court of Appeals · 1849
- Root v. . WagnerNew York Court of Appeals · 1864
- Bacon v. . CropseyNew York Court of Appeals · 1852
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