Legal Opinion

Tifft v. Barton

New York Supreme Court

Decided January 15, 1847PublishedCited by 13 opinions

Trover for a large quantity of personal property, tried at the Rensselaer circuit in November, 1845, before Parker, C. Judge. On the 31st May, 1834, Robert Tifft, being embarrassed with debts, confessed a judgment for §3,000 of debt, t'o Sykes & Sheldon.

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Trover for a large quantity of personal property, tried at the Rensselaer circuit in November, 1845, before Parker, C. Judge. On the 31st May, 1834, Robert Tifft, being embarrassed with debts, confessed a judgment for §3,000 of debt, t'o Sykes & Sheldon. On the 28th of June following he mortgaged a large amount of personal property, consisting of horses, cattle, carriages, harnesses, farming utensils, crops, household furni . ture, wood, and other articles, to his two brothers, Sprague and Joseph Tifft, to secure the payment of §245,53, in one year, with interest. In case of a default in…

1Opinion of the Court

By the Court, Bronson, Ch. J.

The statute in relation to executions against property, provides that personal property shall be offered for sale in such lots and parcels as shall be calculated to bring the highest price. (2 R. S. 367, § 23.) I do not see that this statute was violated in the sale which was made to the plaintiff under the judgment and execution in favor of Sykes & Sheldon. Although there were many kinds and parcels of property, the sale was made subject to the mortgage of Sprague and Joseph Tifft; and there was a necessity for selling the whole in one parcel. If it had been put…

2Cases cited1 opinion

  1. Sheldon v. SoperNew York Supreme Court · 1817

3Cited by13 opinions

  1. Smith v. HillNew York Supreme Court · 1856
  2. Nelson v. BronnenburgIndiana Supreme Court · 1881
  3. Earle v. Gorham Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
  4. Riker v. GwynneAppellate Division of the Supreme Court of the State of New York · 1908
  5. Allen v. CowanNew York Supreme Court · 1858

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