Thomas v. Bogert
New York Supreme Court
Appeal from a judgment, entered upon tbe trial of tbe action at a Special Term. By tbe judgment tbe plaintiff was permitted to redeem from a .sale under execution, certain property claimed to bave formerly belonged to one Abrabarn Tbomas. The execution, under which tbe sale was made from which tbe plaintiff was permitted to redeem, was countermanded soon after tbe sale was bad ; no sheriff’s certificate having been issued.
Read the full summary
Appeal from a judgment, entered upon tbe trial of tbe action at a Special Term. By tbe judgment tbe plaintiff was permitted to redeem from a .sale under execution, certain property claimed to bave formerly belonged to one Abrabarn Tbomas. The execution, under which tbe sale was made from which tbe plaintiff was permitted to redeem, was countermanded soon after tbe sale was bad ; no sheriff’s certificate having been issued. The property was subsequently sold under another execution issued on the same judgment.
1Opinion of the Court
Brady, J.:
It appears herein that Andrew D. Bogert and Jacob G. Bogert -commenced an action in this court against Abraham Thomas and *12Horace Crandall to recover a sum of money with, interest. The:' defendant Thomas being a non-resident, an attachment was obtained and a levy made upon bis interest in certain real estate in this city. The summons and complaint were actually served upon him personally on the 12th of February, 1880, and such proceedings were had that a judgment was entered against him on the 22d of June, 1880,. for $3,080.80.
An execution, general m character, was issued thereupon…
2Cases cited6 opinions
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
- Jackson ex dem. Carman v. RoseveltNew York Supreme Court · 1816
- McKay v. HarrowerNew York Supreme Court · 1858
- Douglas v. . HaberstroNew York Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.