Frost v. Hill
New York Supreme Court
Error from the Livingston common pleas. The house-furniture of one Pierce was levied upon by a deputy of . 1 J 1 J the sheriff of Livingston by virtue of two executions amounting toSet^er to the sum of #143,26. The levy was made on the 15th January, 1827; and the defendant in the execution was permitted to remain in possession of the property levied on. The executions were returnable in ninety days, being issued on justice’s judgments.
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Error from the Livingston common pleas. The house-furniture of one Pierce was levied upon by a deputy of . 1 J 1 J the sheriff of Livingston by virtue of two executions amounting toSet^er to the sum of #143,26. The levy was made on the 15th January, 1827; and the defendant in the execution was permitted to remain in possession of the property levied on. The executions were returnable in ninety days, being issued on justice’s judgments. On the 7th and 8th days of Februar^’ -^erce’ defendant, against whom the executions had issued, made a sale of his household furniture at auction, and the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Pierce, as the vendor of the property, warranted the title to both purchasers, and is liable for the value.to the losing party; and so far as his interest is concerned it is immaterial which succeeds; his interest is neutralized, and he was therefore a competent witness.
The sale to the plaintiff below was inoperative and void as against the execution, and the sheriff might have sold the property on the execution, but he did not do so. The assent which the sheriff gave to the sale to the defendant below gave no validity to it. The case is to be considered, therefore,…
2Cited by3 opinions
- Doty v. WilderIllinois Supreme Court · 1854
- Dearing v. WindhamSupreme Court of Alabama · 1847
- Burroughs v. United StatesU.S. Circuit Court for New York · 1856