Holman v. Holman
New York Supreme Court
HIS is an action for the recovery of the possession of the premises described in the complaint, and for damages for withholding possession. By stipulation made by the respective parties, the case was transferred from the circuit, to be heard at this special term. David Holman, jun., died in September, 1832, having made his will, which was admitted to probate in November, 1832, wherein he appointed Albert Burnett and another, executors and trustees.
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HIS is an action for the recovery of the possession of the premises described in the complaint, and for damages for withholding possession. By stipulation made by the respective parties, the case was transferred from the circuit, to be heard at this special term. David Holman, jun., died in September, 1832, having made his will, which was admitted to probate in November, 1832, wherein he appointed Albert Burnett and another, executors and trustees. The Paris Company recovered a judgment against the deceased, in his lifetime, and an execution was issued and his real estate advertised, in his…
1Opinion of the CourtHardin, J.
From the evidence offered at the trial it is manifest that the premises were levied upon, and advertised, by the sheriff of Oneida county prior to the death of David Holman, jun., and were sold on the execution and judgment of the Paris Company; and that such sale took place on the 28th of March, 1833; and *218that sale was the one upon which the deed made by the sheriff to Burnett was founded. No other judgment was shown to have been recovered, and no other sale was had, and the recitals in the deed and certificate describe the same judgment and the same sale. The misstatement of the day of…
2Cases cited8 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Cook v. . TravisNew York Court of Appeals · 1859
- Jewett v. . MillerNew York Court of Appeals · 1852
- Hosford v. MerwinNew York Supreme Court · 1848
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3Cited by4 opinions
- Rain v. YoungSupreme Court of Kansas · 1900
- Dumond v. ChurchAppellate Division of the Supreme Court of the State of New York · 1896
- Dixon v. DixonNew York Supreme Court · 1902
- Kenney v. GeogheganCity of New York Municipal Court · 1886