Legal Opinion

Van Rensselaer v. Sheriff of Albany

New York Supreme Court

Decided October 15, 1823PublishedCited by 23 opinions

At the last May term, a rule was granted against Van Antwerp, Sheriff of Albany county, to shew cause at the last August term, why a mandamus should not issue, commanding him to convey- certain lands of Peter S. Van Rensselaer to Sanders Van Rensselaer, The facts noticed, on shewing cause, were as follows: Edward Watrous had a judgment in this Court against Peter S, Van Rensselaer for $180, docketed March Ulih, 1817. Robert.

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At the last May term, a rule was granted against Van Antwerp, Sheriff of Albany county, to shew cause at the last August term, why a mandamus should not issue, commanding him to convey- certain lands of Peter S. Van Rensselaer to Sanders Van Rensselaer, The facts noticed, on shewing cause, were as follows: Edward Watrous had a judgment in this Court against Peter S, Van Rensselaer for $180, docketed March Ulih, 1817. Robert. Sanders had another judgment in this Court, against the same defendant, for $109,92, docketed October 23d, 1819. Under executions upon both these judgments, Van Antwerp,…

1Opinion of the Court

Woodworth, J. (after stating the facts.)

The judgment of Sanders Van Rensselaer, though after the sale, was a lien upon these lands, and entitles him to redeem as judgment creditor. It was objected, on the argument, that there was a stipulation not to take out execution upon this judgment. This was for the defendant’s benefit, and does not prevent its operating as a lien upon the real estate. Lansing, being a mortgagee of these lands, and the assignee of another mortgage on the same lands, chooses to become the purchaser. He died, and his representatives now insist that, in his right as a…

2Cases cited1 opinion

  1. Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809

3Cited by23 opinions

  1. Riggs v. . PursellNew York Court of Appeals · 1878
  2. Hervey v. KrostIndiana Supreme Court · 1888
  3. Board of Commissioners v. McIntoshSupreme Court of Kansas · 1883
  4. Bodine v. . MooreNew York Court of Appeals · 1858
  5. Sprague v. MartinSupreme Court of Minnesota · 1882

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