Beekman v. Lansing
New York Supreme Court
Claim of landlord for rent to be paid out of the proceeds On the 1st November, 1828, ajfieri facias _ of an execution. was issued in the above cause, and delivered to the then sheriff of Albany for the sum of $613,14, returnable on the 16th February then next.
Read the full summary
Claim of landlord for rent to be paid out of the proceeds On the 1st November, 1828, ajfieri facias _ of an execution. was issued in the above cause, and delivered to the then sheriff of Albany for the sum of $613,14, returnable on the 16th February then next. In the month of December, 1828, the sheriff went to the dwelling house of the defendant in the city of Albany, and there, as he states, made an actual and bona fide levy upon the household furniture and other prop- „ , , . , . „ , . TTTI erty ot the defendant, by virtue of the execution. What acts he did, however, as constituting a…
1Opinion of the Court
By the Court,
Marcy, J.
By the act concerning distresses, rents, &c. it is enacted that no goods or chattels upon any demised premises shall be liable to be taken by virtue of an execution, unless the party at whose suit the execution is issued shall, before the removal of such goods, pay the rent due, not exceeding a year’s rent. This section of our statute is a transcript of 8 Ann, ch. 14, § 1. under which it was formerly holden in England, that to entitle a landlord to his motion against the sheriff, he must have made a demand, and given notice to the sheriff of the rent due before the goods…
2Cited by29 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Roth v. . WellsNew York Court of Appeals · 1864
- State ex rel. McPherson v. BecknerIndiana Supreme Court · 1892
- Camp v. ChamberlainNew York Supreme Court · 1848
- Gallagher v. BishopWisconsin Supreme Court · 1862
24 more not listed; retrieve them via the Exa API.