Mumper v. . Rushmore
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. .(Reported below, 14 Hun, 591.) This action was brought against defendant as .sheriff of the county of Queens, for an alleged false return to a warrant of attachment issued to him, against the property of one Peck, and also to the execution issued upon the judgment in the…
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. .(Reported below, 14 Hun, 591.) This action was brought against defendant as .sheriff of the county of Queens, for an alleged false return to a warrant of attachment issued to him, against the property of one Peck, and also to the execution issued upon the judgment in the attachment suit,. The attachment was issued to defendant February 6th, 187 7. At that time he had in his possession a…
1Opinion of the CourtDanforth, J.
There is no ground for this appeal. Hot-withstanding the levy, the judgment debtor remained owner of the property and could convey the title subject only to the lien created by the execution. And this was so although the sheriff levied on all the property in question, as the evidence tends to show he did. It is true the assignee is not a purchaser for value within the meaning of the statute which protects the title of a bona fide purchase made before actual levy, (2 R. S., 365, § 17), but he nevertheless acquired a good title subject to the payment of the debt due the execution creditor, or…
2Cases cited4 opinions
- Slade v. Van VechtenNew York Court of Chancery · 1844
- Ray v. BirdseyeCourt for the Trial of Impeachments and Correction of Errors · 1846
- Magne v. SeymourNew York Supreme Court · 1830
- Grant v. . ChapmanNew York Court of Appeals · 1868
3Cited by8 opinions
- Stimson v. . WrigleyNew York Court of Appeals · 1881
- National Hudson River Bank v. ChaskinAppellate Division of the Supreme Court of the State of New York · 1898
- Blair v. FlackNew York Supreme Court · 1891
- In re MehrNew York Supreme Court · 1959
- In re the General Assignment for the Benefit of Creditors of Betty Barton Frozen Food Corp.New York Supreme Court · 1962
3 more not listed; retrieve them via the Exa API.