Livingstone v. Arnoux
New York Court of Common Pleas
Appeal by the defendant from a judgment entered on the verdict of a jury. This was an action of ejectment to recover lands lying in the city of. New York,, which the defendant claimed to hold by virtue of a sheriff’s sale upon an execution against one Price, under whom the plaintiff claimed.
Read the full summary
Appeal by the defendant from a judgment entered on the verdict of a jury. This was an action of ejectment to recover lands lying in the city of. New York,, which the defendant claimed to hold by virtue of a sheriff’s sale upon an execution against one Price, under whom the plaintiff claimed. The facts of the case were, that a judgment against Price was docketed on March 9, 1846, and on April 13, 1848, his interest in the land was sold by Westervelt, the then sheriff of the city and county of New York, under execution thereon, for twelve dollars and fifty cents, to Charles O. Richardson. The…
1Opinion of the Court
By the Court.*—Robinson, J.
The material questions upon this appeal and upon the same title now in question, have already been passed upon, by the superior court, † at general term, in May, 1871, in the case of Henry Bowen v. this same defendant, and in *161the supreme court at special term, by Judge Fanchee, in the case of Ellsworth v. Muldoon.* In the general reasoning of these courts in those cases, and in their results, I concur, but venture to add these further considerations, which influence my decision.
1st. That notwithstanding the assignment made by Francis Price, the judgment debtor, to…
2Cases cited9 opinions
- Dubois v. HepburnSupreme Court of the United States · 1836
- Chautauque County Bank v. WhiteNew York Supreme Court · 1849
- Vaughn v. ElyNew York Supreme Court · 1848
- Hodge v. GallupCourt for the Trial of Impeachments and Correction of Errors · 1846
- Scouton v. BenderNew York Supreme Court · 1848
4 more not listed; retrieve them via the Exa API.