Aylesworth v. Brown
New York Supreme Court
An order had been previously obtained against the defendant, late sheriff of Otsego county, to show cause at this term, why he should not execute a deed to the relator, of certain premises sold by him on the 15th February, 1849, upon an execution against William Aylesworth, and in favor of I. J. Aylesworth. Elijah Brown bid off the premises, at $200, and obtained the sheriff’s certificate. The twelve months elapsed without any redemption on the part of the judgment debtor.
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An order had been previously obtained against the defendant, late sheriff of Otsego county, to show cause at this term, why he should not execute a deed to the relator, of certain premises sold by him on the 15th February, 1849, upon an execution against William Aylesworth, and in favor of I. J. Aylesworth. Elijah Brown bid off the premises, at $200, and obtained the sheriff’s certificate. The twelve months elapsed without any redemption on the part of the judgment debtor. At three minutes before 12 o’clock P. M., on 15th May, 1850, the relator, by his attorney, L. J. Burditt, redeemed, on a…
1Opinion of the CourtMonson, J.
By the revised statutes, (2 Rev. Stat. 373, § 60,) it is provided that, to entitle any creditor to acquire the title of the original purchaser, he shall present to, and leave with, the officer who made the sale, first, a copy of the docket of the judgment, duly certified by the clerk of the county in which the same is docketed. Secondly, a true copy of all the assignments of such judgment which are necessary to establish *169Ms claim, verified by Ms affidavit, or by the affidavit of some witness to such assignments. Third, an affidavit by such creditor, or by his attorney or agent, of the true…
2Cases cited7 opinions
- Waller v. HarrisNew York Supreme Court · 1838
- Franklin v. TalmadgeNew York Supreme Court · 1809
- People ex rel. Collier v. Sheriff of BroomeNew York Supreme Court · 1838
- Wadsworth v. ThomasNew York Supreme Court · 1849
- People ex rel. Post v. RansomNew York Supreme Court · 1847
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3Cited by3 opinions
- Williams v. LashSupreme Court of Minnesota · 1863
- Rice v. DavisNew York Supreme Court · 1872
- Succession of RomeroSupreme Court of Louisiana · 1879