Phyfe v. Riley
New York Supreme Court
This was an action of ejectment, tried at the New-York circuit in May, 18-34, before the Hon. Ogden Edwabds, one of the circuit judges.
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This was an action of ejectment, tried at the New-York circuit in May, 18-34, before the Hon. Ogden Edwabds, one of the circuit judges. The plaintiff claimed to recover a moiety of a lot as a purchaser at a sheriff’s sale, under three executions against Edward Burke, issued on judgments entered against him in 1825 and 1828. The sale took place in May, 1831, and the sheriff’s deed was executed 20th December, 1833, as of the date of 12th August, 1832. Joseph Burke, the father of Edward Burke, died intestate in 1830, seized of the lot in question, leaving two children his heirs at law, viz. his…
1Opinion of the Court
*251 '.By the Court,
Savage, C. J.
The defendant presents three points of defence: The first is in substance, that the plaintiff had no title ; Second, title in himself from E. Burke, through. Dennis ; Third, that he is mortgagee in possession.
The plaintiff’s title depends upon the effect of the sheriff’s deed. The sale by the sheriff seems to have been regular. He had in his hands three executions issued upon three judgments, one of which in favor of Joseph Burke, appears to have been satisfied long before; the others appear to have been subsisting liens ; and by virtue of all these the sheriff…
2Cited by57 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Barson v. . MulliganNew York Court of Appeals · 1908
- Chase v. . PeckNew York Court of Appeals · 1860
- Spect v. SpectCalifornia Supreme Court · 1891
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