Jackson ex dem. Feeter v. Sternberg
New York Supreme Court
EJECTMENT for land, in the town of Danube, in the ■county of Herkimer, tried at the Herkimer Circuit, in June, 1821, before Mr. Justice Platt.
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EJECTMENT for land, in the town of Danube, in the ■county of Herkimer, tried at the Herkimer Circuit, in June, 1821, before Mr. Justice Platt. The plaintiff claimed title to the premises in question, by virtue of a sheriff’s sale, under a judgment and execution In favour of Le Ray, against Peter Sternberg, docketted February 16, 1811; and he gave in evidence the record of the judgment, and the execution and return thereof; and a deed from the sheriff to the lessor, dated June 26, 1819, in due form. The defendant claimed title to the same premises by virtue of a deed from the sheriff on a sale…
1Per curiam
The parol evidence falls short of proving such fraud, on the part of the defendant, as would vitiate and annul the sheriff’s deed to him, at law; and the evidence was inadmissible in any other view, for it contradicted the recital in the deed as to the particular execution on which the sale was made. (Jackson v. Vanderheyden, 17 Johns. Rep. 167.) The deed to the defendant is, per se, evidence of title in him. Judgment must, accordingly, be given for the defendant. But on a timely application by the creditor, Le Ray, or by the debtor, Peter Sternberg, or by any judgment creditor who is injured…
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