Legal Opinion

Van Wagoner v. Terpenning

New York Supreme Court

Decided November 15, 1887Published

Appeal from a judgment in favor of the defendant, entered upon the report of a referee.

1Opinion of the Court

Learned, P. J.:

This is an action for the recovery of personal property. The plaintiff was, in March, 1875, living on certain premises, where these articles of personal property and some others were, all belonging to him. On that day he was evicted from the premises by the defendant, under a writ of assistance issued after a judgment and' sale in foreclosure, and defendant, the purchaser, was put in possession ; and on the same day the sheriff, by virtue of an execution issued to collect the deficiency on said judgment, levied on- this personal property and sold some of it. The plaintiff…

2Cases cited2 opinions

  1. Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
  2. McQueen v. BabcockNew York Supreme Court · 1863

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