Yates v. St. John
New York Supreme Court
This was an action of trover, tried at the Montgomery circuit in May, 1831, before the Hon. Eseic Cowen, one of the circuit judges.
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This was an action of trover, tried at the Montgomery circuit in May, 1831, before the Hon. Eseic Cowen, one of the circuit judges. The plaintiff, Evert Yates, proved that in May, 1830, he purchased at a sheriff’s sale, by virtue of three executions against the goods, &c. of Cristopher E. Yates, two fields of’ winter wheat and one field of rye then growing, and also cattle, farming utensils, &c. and that after the grain was harvested and put into the barn, to wit, in November, 1830, Van-Alstyne, by the direction of St. John, sold the same at public auction, together with the other articles of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question is whether it was necessary for the plaintiff to produce the judgments to support the executions under which he purchased ? The cases referred to show, that in trespass against an officer for taking goods in execution, brought by the defendant in such execution, the officer need not prove a judgment; but in trespass by a stranger he must. 1 Ld. Raym. 733. 6 Johns. R. 196. 5 Burr. 2633. In Doe v. Smith, 2 Starkie’s N. P. Cas. 175, it was held in ejectment that a lessor who purchases at sheriff’s sale upon judgment and execution in his own favor,…
2Cited by14 opinions
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