Brown v. H. & E. T. Betts
New York Supreme Court
Summary proceedings under the act to obtain possession of land sold by virtue of an execution. Harvey Betts made an affidavit that the one thirteenth\part of a certain lot of land (describing it) containing275 acres, was sold to/mot at a sheriff’s sale,by virtue of an execution against Jotham Brotan, issued out of this court; that a deed of the premises had been duly executed by the sheriff, and the title perfected in him; that the title then was in him and Edward T. Betts;…
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Summary proceedings under the act to obtain possession of land sold by virtue of an execution. Harvey Betts made an affidavit that the one thirteenth\part of a certain lot of land (describing it) containing275 acres, was sold to/mot at a sheriff’s sale,by virtue of an execution against Jotham Brotan, issued out of this court; that a deed of the premises had been duly executed by the sheriff, and the title perfected in him; that the title then was in him and Edward T. Betts; that Jotham Brown held over and continued in possession after a demand made to surrender the premises: which affidavit,…
1Opinion of the Court
By the Court,
Sutherland, J.
This is a certiorari to bring up proceedings under the act “ to recover the possession of land in certain cases,” 2 R. S. 511, by which it is provided, that when any person shall hold over and continue in the possession of any real estate which shall have been sold by virtue of an execution against such person, after a title under such sale shall have been perfected, he may be removed from the possession thereof. 2 R. S. 513, § 28, sub. 4.
The errors principally replied upon are, 1. That the judge had no jurisdiction in this case, it being an interference with the…
2Cases cited2 opinions
- Jackson ex dem. Ten Eyck v. WalkerNew York Supreme Court · 1830
- Loomis & Hayden v. Spencer & RolphNew York Court of Chancery · 1830
3Cited by10 opinions
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Doe, on the Demise of Wilkins v. RueIndiana Supreme Court · 1837
- Emerick v. MillerIndiana Supreme Court · 1902
- Niblo v. Post's administratorsNew York Supreme Court · 1840
- Niblo v. HarrisonThe Superior Court of New York City · 1863
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