Davis v. Peabody
New York Supreme Court
This was an appeal by the defendants, Peabody and Hoyt, from a judgment entered upon the report of a referee. The action was brought by Davis against the appellants and one John Haight, to recover the value of a yoke of oxen and a cow, the property of Davis. The property was sold by Hoyt, deputy sheriff, on an execution against Davis and one Bancroft, in favor of Haight, and was bid in by Peabody.
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This was an appeal by the defendants, Peabody and Hoyt, from a judgment entered upon the report of a referee. The action was brought by Davis against the appellants and one John Haight, to recover the value of a yoke of oxen and a cow, the property of Davis. The property was sold by Hoyt, deputy sheriff, on an execution against Davis and one Bancroft, in favor of Haight, and was bid in by Peabody. The judgment, upon which the execution was issued, was rendered on a note given by Bancroft as principal, and the plaintiff Davis as surety, for the purchase price, or part of the purchase price, of…
1Opinion of the Court
By the Court, Gridley, P. J.
The question presented for the consideration of the court is whether the cow and oxen mentioned in the pleadings were exempt from levy and sale on execution. The plaintiff claims that the cow was exempt under the provisions of the revised statutes, and the yoke of oxen under the act of 1842. This position is not disputed by the defendants’ counsel, unless they are made liable under the proviso of that act. The judgment on which the cow and oxen were taken, was recovered against Bancroft as principal, and Davis as surety, on a note given for the purchase price of a…
2Cases cited3 opinions
- Perrine v. StrikerNew York Court of Chancery · 1839
- Starr v. ChildCourt for the Trial of Impeachments and Correction of Errors · 1846
- Manchester Iron Manufacturing Co. v. SweetingNew York Supreme Court · 1833
3Cited by3 opinions
- Christy v. DyerSupreme Court of Iowa · 1863
- Smith v. SladeNew York Supreme Court · 1870
- Snyder v. DavisNew York Supreme Court · 1874