People ex rel. Woolley v. Baker
New York Supreme Court
Mandamus. This was an application for a mandamus, commanding the sheriff of Jefferson to execute a deed of certain premises, sold by virtue of an execution against the Brownville Cotton Factory, struck off at public vendue to W. Averill, and claimed to have been redeemed by the relator.
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Mandamus. This was an application for a mandamus, commanding the sheriff of Jefferson to execute a deed of certain premises, sold by virtue of an execution against the Brownville Cotton Factory, struck off at public vendue to W. Averill, and claimed to have been redeemed by the relator. On the 23d December, 1837, the premises in question were sold by a deputy of the sheriff of Jefferson county by virtue of an execution against the Brownville Cotton Factory,issued on a judgment for $2,785.20, docketed on the 21 st August, 1837, oM0 o’clock, A. M., and struck off to- William Averill, for the…
1Opinion of the Court
By the Court, Nelson, Ch. J.
A judgment creditor, by paying the purchase money and interest within fifteen months after the sale, acquires all the right-and title of the original purchaser, 2 R. S. 371, 372, § 51, 53, 54, and when he has thus acquired the title, any other creditor who _ might have acquired it may become a purchaser from the first creditor by reimbursing him the sum he may have paid to acquire such title, and interest, together with his judgment, if a prior lien. § 55. And so by § 56, any third or other creditor, may become a purchaser from any second, third or other redeeming…
2Cases cited1 opinion
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by11 opinions
- Colvin v. . HolbrookNew York Court of Appeals · 1848
- Livingston v. . ArnouxNew York Court of Appeals · 1874
- Crews v. RossIndiana Supreme Court · 1873
- Whiting v. ButlerMichigan Supreme Court · 1874
- Wilson v. RussellSupreme Court Of The Territory Of Dakota · 1887
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