Muir v. Leitch
New York Supreme Court
In Equity. The bill in this cause was filed to compel the defendant Carr, as late sheriff of Cayuga county, to convey to the plaintiff the undivided half of certain real estate situated in the city of Auburn and particularly described in the bill, which Carr had sold as such sheriff, by virtue of an execution upon a judgment in the supreme court in favor of the defendant Leitch against Asaph D. Leonard, which was docketed on the 6th day of May, 1840, for $30,000 debt, and…
Read the full summary
In Equity. The bill in this cause was filed to compel the defendant Carr, as late sheriff of Cayuga county, to convey to the plaintiff the undivided half of certain real estate situated in the city of Auburn and particularly described in the bill, which Carr had sold as such sheriff, by virtue of an execution upon a judgment in the supreme court in favor of the defendant Leitch against Asaph D. Leonard, which was docketed on the 6th day of May, 1840, for $30,000 debt, and $18,04 damages and costs. The premises were sold to Warren T. Worden on the 25th day of September, 1845, for $500, and the…
1Opinion of the Court
By the Court, Welles, J.
If the defendant Leitch acquired the rights of the purchaser, at the sheriff’s sale of the premises in question, it will be unnecessary to consider the objections to the proceedings and papers of the plaintiff, in his attempt to accomplish the same end ; for as the lien of the judgment in favor of Pitney, upon which the proceedings of the defendant Leitch are founded, was prior to that of the judgment held by the plaintiff, and by virtue of which he claims to have acquired such rights, the defendant was not bound to pay the amount due on the latter judgment, and will…
2Cases cited1 opinion
- Buchan v. SumnerNew York Court of Chancery · 1847
3Cited by8 opinions
- Bagley v. WardCalifornia Supreme Court · 1869
- Roop v. HerronNebraska Supreme Court · 1883
- Decatur Charcoal Chemical Works v. MosesSupreme Court of Alabama · 1889
- Howe ex rel. Dibble v. RobinsonSupreme Court of Florida · 1883
- Jackson v. ButlerTexas Supreme Court · 1877
3 more not listed; retrieve them via the Exa API.