Anderson v. James
The Superior Court of New York City
This action was brought to recover the possession of a plot of ground in the city of Hew York. The plaintiff proved a judgment recovered in the mayor’s court of said city, in. favor of one Moóre, against William J. Stewart, docketed April 16, 1821. She also read in evidence a certificate of the sheriff of Hew York of the sale of the right, title and interest of Stewart in certain premises therein described.
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This action was brought to recover the possession of a plot of ground in the city of Hew York. The plaintiff proved a judgment recovered in the mayor’s court of said city, in. favor of one Moóre, against William J. Stewart, docketed April 16, 1821. She also read in evidence a certificate of the sheriff of Hew York of the sale of the right, title and interest of Stewart in certain premises therein described. The certificate recited that' by a writof/?er¿ facias, upon the said judgment he sold, &c. The execution was not produced, or otherwise proved than by the recital in the sheriff’s…
1Opinion of the Court
*37By the Cotjet,
Monell, J.
A party claiming title to real property under a sheriff’s deed must show a judgment and an execution issued thereon authorizing the sale. (4 Cowen & Hill’s notes to Phil. Ev. 1078, note 738, and cases there cited.)
The corticate of sale which the statute directs the sheriff to make (2 R. S. 270, § 42,) must contain a description of the premises sold, the price bid, the consideration paid, and the time when the purchaser will be entitled to a conveyance. It need contain nothing more. Such certificate is made presumptive evidence “ of the facts therein contained.” (§ 44.)…
2Cases cited2 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Browning v. HanfordCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by1 opinion
- Claflin v. RobinhorstWisconsin Supreme Court · 1876