Lathrop v. Ferguson
New York Supreme Court
This was an action of ejectment, tried at the Oneida circuit in May, 1838, before the Hon. John Willard, one of the circuit judges. The plaintiff claimed to recover the premises in question under a sheriff’s deed bearing date 28th February, 1835, in pursuance of a sale by virtue of an execution issued upon a judgment against the defendant, Daniel Ferguson, in favor of one Samuel B. Ferguson.
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This was an action of ejectment, tried at the Oneida circuit in May, 1838, before the Hon. John Willard, one of the circuit judges. The plaintiff claimed to recover the premises in question under a sheriff’s deed bearing date 28th February, 1835, in pursuance of a sale by virtue of an execution issued upon a judgment against the defendant, Daniel Ferguson, in favor of one Samuel B. Ferguson. The sale took place 4th July, 1832, and the premises were struck off to one Earnhardt Nellis. On the 4th October, 1833, the day on which Nellis would have become entitled to his deed, the now plaintiff,…
1Opinion of the Court
By the Court,
Cowen, J.
The first question is, whether one who has acquired an equitable right to an absolute deed from a judgment debtor, or which, in this case, is the same thing, from the sheriff who sold his interest, is entitled to redeem within the 2 R. S. 293, § 46, sub. 3. The words of the act are too plain for question. They are, that “any grantee” [of the judgment debtor] “ who shall have acquired an absolute title by deed, sale under mortgage, or under an execution, or by any other means,” may redeem. The plaintiff, when he applied to the sheriff and offered to redeem, had not…
2Cited by6 opinions
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- Strong v. DollnerThe Superior Court of New York City · 1849
- Fuller v. Van GeesenCourt for the Trial of Impeachments and Correction of Errors · 1843
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