Dwight's Case
New York Supreme Court
Appeal from au order setting aside a sale on execution, and •directing that a new execution issue. Judgments for costs were recovered against one Samuel W„ Tallmadge, in three several suits, upon which executions were issued by the attorney for the plaintiffs, to Rensselaer county.
Read the full summary
Appeal from au order setting aside a sale on execution, and •directing that a new execution issue. Judgments for costs were recovered against one Samuel W„ Tallmadge, in three several suits, upon which executions were issued by the attorney for the plaintiffs, to Rensselaer county. The sheriff of Rensselaer then levied on certain land in that county, and sold the “ right, title, and interest of Tallmadge therein” to one Timothy C. Dwight, and executed to him the usual certificate, and then returned the executions to the proper ■county, with indorsements of satisfaction thereon. Dwight was not…
1Opinion of the Court
By the Court.—Clerke, J.
In the Ontario Bank a. Lansing (2 Wend., 260), on the sale of the property under a fi.fa., the-plaintiff inadvertently bid a sum less than the amount of his execution, and the sale on his application was set aside. Again in Mulks a. Allen (12 Ib., 253), the plaintiff and deputy sheriff, were deceived, as to the locality of the property, by the representations of the defendant; in consequence of which the plaintiff bid $800 for it, when it was not worth more than $150; it was struck off to him, and on motion a resale was ordered. There are other cases, no doubt, in…
2Cases cited1 opinion
- President of the Ontario Bank v. LansingNew York Supreme Court · 1829
3Cited by1 opinion
- Powell v. HarrisonAppellate Division of the Supreme Court of the State of New York · 1903