Jackson ex dem. Hunter v. Page
New York Supreme Court
This was an action of ejectment, tried at the Oswego circuit in June, 1828, before the Hon. Nathan Williams, one of the circuits judges. The plaintiff claimed to recover the premises in question tinder a sheriff’s deed by virtue of a judgment and execution and sale thereon.
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This was an action of ejectment, tried at the Oswego circuit in June, 1828, before the Hon. Nathan Williams, one of the circuits judges. The plaintiff claimed to recover the premises in question tinder a sheriff’s deed by virtue of a judgment and execution and sale thereon. The judgment was rendered by a justice ^:e Peace °f the county of Oswego in favor of Willliam C. Hunter, the lessor of the plaintiff, against one Garner Com-stock on 24th July, 1823, for #50 dámages and #3671-2 costs, and on the same day a transcript was filed in the clerk’s office of the county. On the 25th August, 1823,…
1Opinion of the Court
By the Court,
Sutherland, J.
The principal questions in this case are, 1. As to an alleged variance between the execution and the judgment. 2. As,to the form of the execution, and the authority of the clerk to renew it. The judgment as certified in the transcript was for f53,674. The execution recites the judgment as having been rendered for $54,17¿. It states correctly the names of the parties, the justice before whom the judgment was obtained, the day when rendered, and the return and filing of the transcript. The only variance is in the amount. It arose undoubtedly from the omission of the…
2Cited by14 opinions
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