President of the Chautauque County Bank v. Risley
New York Supreme Court
Ejectment for a house and lot in Fredonia, tried at the Chautauque circuit in July, 1844, before Dayton, C. Judge. The plaintiffs claimed title under a sale on execution against John Z. Saxton, and a proceeding to acquire the rights of the purchaser; the facts respecting which were as follows: The premises were sold by the sheriff of Chautauque county on the 30th day of Hay, 1840, on a fi.fa. issued on a judgment in this court in favor of Moses Adams against Saxton and one…
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Ejectment for a house and lot in Fredonia, tried at the Chautauque circuit in July, 1844, before Dayton, C. Judge. The plaintiffs claimed title under a sale on execution against John Z. Saxton, and a proceeding to acquire the rights of the purchaser; the facts respecting which were as follows: The premises were sold by the sheriff of Chautauque county on the 30th day of Hay, 1840, on a fi.fa. issued on a judgment in this court in favor of Moses Adams against Saxton and one Maynard, docketed July 28, 1838. W. D. White became the purchaser for $450. There were several other judgments against…
1Opinion of the Court
By the Court, Jewett, J.
The title of the plaintiffs i not prejudiced by the failure to have the instruments executed by Tucker & Crane, pursuant to which the sheriff made the conveyance to them, proved and filed in the county clerk’s office, according to the act of 1835. (Stat. p. 210, §§ 1, 2.) That point was adjudged in The Bank of Vergennes v. Warren, (7 Hill, 91,) and has been followed in several subsequent cases.(a)
If the conveyance executed by Saxton and his wife to Crane and Crosby, on the first day of October, 1837, was operative, none of the judgments in question were liens on the…
2Cases cited4 opinions
- Penrose v. GriffithSupreme Court of Pennsylvania · 1811
- Jackson ex dem. Munroe v. ParkhurstNew York Supreme Court · 1832
- Emmet v. BradstreetNew York Supreme Court · 1838
- People ex rel. Newell v. MuzzyCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by12 opinions
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Wood v. . MorehouseNew York Court of Appeals · 1871
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
- Chautauque County Bank v. RisleyNew York Court of Appeals · 1859
- Voorhees v. Presbyterian ChurchNew York Supreme Court · 1853
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