Shepard v. Rowe
New York Supreme Court
Demurrer to pleas. The plaintiff, in January, 1835, declared on a judgment obtained by him against the defendants, in the Chautauque common pleas, in June, 1834, for $109,71. The defendant pleaded, 1. Payment; 2. That on the 1st August, 1834, the plaintiff sued out a fieri facias upon the judgment, against the goods, chattels, lands,tenements, real estate, and chattels real, whereof the defendants were seized at the time of the docketing of the judgment, and delivered the…
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Demurrer to pleas. The plaintiff, in January, 1835, declared on a judgment obtained by him against the defendants, in the Chautauque common pleas, in June, 1834, for $109,71. The defendant pleaded, 1. Payment; 2. That on the 1st August, 1834, the plaintiff sued out a fieri facias upon the judgment, against the goods, chattels, lands,tenements, real estate, and chattels real, whereof the defendants were seized at the time of the docketing of the judgment, and delivered the same to the sheriff oí" Chautauque ; and they averred that at the time of the docketing of the judgment, Peters, one of…
1Opinion of the Court
By the Court,
Nelson, J.
The second and third pleas are bad. A levy upon sufficient personal property to satisfy an execution is a satisfaction of the debt. 4 Cowen, 417. 1 id. 47, n. 12 Johns. R. 207. 4 Mass. R. 403. The reason given is, that by means of the levy the debtor is deprived of his property. It is not so in the case of a levy upon real estate. The debtor, notwithstanding the levy, holds the title and possession, and is in the enjoyment of the profits of the land. There is no satisfaction until sale. In the case of Ladd v. Blunt, 4 Mass. R. 402, it was for this reason decided that an…
2Cases cited1 opinion
- Ladd v. BluntMassachusetts Supreme Judicial Court · 1808
3Cited by13 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Lindley v. KelleyIndiana Supreme Court · 1873
- United States v. DashielSupreme Court of the United States · 1866
- Wood v. ConradSouth Dakota Supreme Court · 1892
- Deloach & Wilcoxson v. MyrickSupreme Court of Georgia · 1849
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