Winterson v. Hitchings
New York Court of Common Pleas
Action by Maria L. Winterson against Hector M. Hitchings and others to annul a sale of plaintiffs real estate under an execution issued on a judgment which was afterwards reversed on appeal. Defendants demur to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. Overruled.
1Opinion of the CourtBischoff, J.
The purport of this action is to set aside a sale of the plaintiffs real property under an execution issued upon a "judgment of the city court of New York, which was subsequently reversed on appeal to this court. Defendant Hitchings, the purchaser at the sale, was the attorney for the judgment creditor, and to him the judgment is alleged to have been assigned after issuance of the execution by Mm as attorney, and prior to the sale. The sheriff’s deed to the purchaser remains undelivered, and the judgment debtor continues in possession of the property sold. Therefore, the annulment of the sale…
2Cases cited12 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Haebler v. . MyersNew York Court of Appeals · 1892
- Whelan v. ReillySupreme Court of Missouri · 1876
- Reynolds v. HarrisCalifornia Supreme Court · 1860
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3Cited by4 opinions
- Pritz v. JonesAppellate Division of the Supreme Court of the State of New York · 1907
- Miller v. MyersNew York Supreme Court · 1912
- Shreck v. GilbertNebraska Supreme Court · 1897
- Winterson v. HitchingsNew York Court of Common Pleas · 1895