Little v. Harvey
New York Supreme Court
This was an action of ejectment, tried at the Otsego circuit in September, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The plaintiff claimed to recover the premises in question as a purchaser at a sheriff’s sale, under a judgment in his own favor against one Davis Hopkins, under whom the defendant also claimed.
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This was an action of ejectment, tried at the Otsego circuit in September, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The plaintiff claimed to recover the premises in question as a purchaser at a sheriff’s sale, under a judgment in his own favor against one Davis Hopkins, under whom the defendant also claimed. The judgment in favor of the plaintiff was docketed on the 18th February, 1818, on which an execution was issued and delivered to the sheriff on the 13th May, 1828, tested as of the 5th February, 1828. The sale was delayed by judge’s orders, staying proceedings…
1Opinion of the Court
By the Court,
Sutherland, J.
The evidence offered by the plaintiff was properly excluded. . The knowledge of the defendant, when he took his mortgage, of the plaintiff’s judgment, was of no importance." If he knew of its existence, he also knew that more thap ten years had elapsed since it was docketed, and that by the express provisions of the statute, it had ceased to be a lien on the real estate of the defendant in the judgment, as against subsequent incumbrances by mortgage, judgment, or otherwise. The language of the act is too clear and explicit to admit of any question as to its…
2Cited by19 opinions
- Pettit v. ShepherdNew York Court of Chancery · 1835
- Newell v. DartSupreme Court of Minnesota · 1881
- Brier v. Traders' National BankWashington Supreme Court · 1901
- Denegre v. HaunSupreme Court of Iowa · 1862
- Miller Co. v. MeloneSupreme Court of Oklahoma · 1901
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