Dickenson v. Gilliland
New York Supreme Court
On the Í6th of August, 1798, Thomas Bay and Harmon Bay, administrators of John Bay, deceased, recovered a judgment in this Court againát William Gilliland, which was docketed on that day. Under &fi.fa. upon that judgment, John D. Dickenson, on the 3d July, 1821, purchased at sheriff’s sale the lands hereinafter mentioned as sold upon the execution in this cause.
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On the Í6th of August, 1798, Thomas Bay and Harmon Bay, administrators of John Bay, deceased, recovered a judgment in this Court againát William Gilliland, which was docketed on that day. Under &fi.fa. upon that judgment, John D. Dickenson, on the 3d July, 1821, purchased at sheriff’s sale the lands hereinafter mentioned as sold upon the execution in this cause. The sale under the Say judgment was at a bid of $1746. Dickenson afterwards received a deed upon that sale, dated October 4th, 1822. On the 29iA October, 1821, the Sheriff of Clinton county, under, and by virtue of a fi. fa. against…
1Opinion of the Court
Woodworth, J. in delivering the "opinion of the Court, spoke nearly as follows : Any decision of ours, on this summary application, will not be so far conclusive upon the parties, as to prevent their drawing the same matters in question again in the more regular form of a suit, either in law or equity ; but we are called upon, and it is our duty, under the circumstances now presented, to give our opinion, as a guide to an officer of this Court in the discharge of a ministerial duty.
On the 3d of July, 1821, Dickenson purchased under the Bay judgment, and at the expiration of the 15 months,…
2Cases cited1 opinion
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