Betts v. Birdsall
The Superior Court of New York City
Motion for a writ of assistance to aid in ousting the defendants, or tenants under them, from certain premises to which the petitióner claimed the right of possession under a judicial sale.
1Opinion of the CourtBosworth, J.
In this and another action against the same defendants, decree of foreclosure and sale was made as early as the 13th of October, 1858. The premises were sold under the decree on the 6th of June, 1859, and Joseph H. Gray became the purchaser, and received the referee’s deed the same day. He now petitions for a writ of assistance to remove Birdsall and one Miller, on the allegation that they are in possession, and refused to give up after demand made, and exhibition of the deed. Miller makes affidavit that John E. Gray conveyed the premises to John G. Vose by deed, dated January 21, 1860. That…
2Cases cited1 opinion
- Kershaw v. ThompsonNew York Court of Chancery · 1820
3Cited by3 opinions
- Lundstrum v. BransonSupreme Court of Kansas · 1914
- Watkins v. JermanSupreme Court of Kansas · 1887
- Anderson v. ThompsonArizona Supreme Court · 1889