Van Nest v. Yeomans
New York Supreme Court
Two lots of land, belonging to the defendant, were sold , . . on the 5th July lasl, by virtue of an execution m iavor or one Orrin Day, and brought the sum of $746. The amount due on the execution, was $411 83 ; leaving a balance in the hands of the sheriff) of $334 17. Immediately after the sale an order was presented to the sheriff, signed by the defendant, requiring him to pay the surplus monies to one Solomon Yeomans, to whom the defendant was indebted by bond.
Read the full summary
Two lots of land, belonging to the defendant, were sold , . . on the 5th July lasl, by virtue of an execution m iavor or one Orrin Day, and brought the sum of $746. The amount due on the execution, was $411 83 ; leaving a balance in the hands of the sheriff) of $334 17. Immediately after the sale an order was presented to the sheriff, signed by the defendant, requiring him to pay the surplus monies to one Solomon Yeomans, to whom the defendant was indebted by bond. The order bore date, and was given, on the second day of May last. On the day of the sale, and before the surplus monies were…
1Opinion of the Court
By the Court,
Woodworth, J.
The plaintiff is entitled to the effect of his motion. He was a judgment creditor, and had a lien upon the property sold. Had the sale taken place under his judgment, he might have become the purchaser, and would have had the benefit of the property, to the extent of its value, subject only to the anterior lien of the judgment on which the property has been sold.. Of this right he ought not to be deprived by the act of the defendant, giving.a preference to another creditor, by means of an order or direction to the sheriff, to pay over the surplus monies. The right of…
2Cited by7 opinions
- Pierce v. CarletonIllinois Supreme Court · 1851
- County of Polk ex rel. School Fund v. SypherSupreme Court of Iowa · 1864
- People ex rel. Hasbrouck v. Ulster Common PleasNew York Supreme Court · 1836
- President, Directors & Co. of the Bank of Whitehall v. WeedNew York Supreme Court · 1853
- Ross v. RossNew York Court of Common Pleas · 1882
2 more not listed; retrieve them via the Exa API.