People ex rel. Fleming v. Livingston
New York Supreme Court
Redemption of lands sold under execution. On the 26th August, 1829, the sheriff of Monroe, by virtue of an execution issued on a judgment rendered in 1823, in favor of the Bank of Utica against Palmer Cleveland and Solomon Cleveland, sold an undivided third part of a certain lot on the east bank of the Genesee river, on which a stone flour mill was erected, and struck off the same for the sum of $1505,41, to the plaintiffs in the execution, they being the highest bidders,…
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Redemption of lands sold under execution. On the 26th August, 1829, the sheriff of Monroe, by virtue of an execution issued on a judgment rendered in 1823, in favor of the Bank of Utica against Palmer Cleveland and Solomon Cleveland, sold an undivided third part of a certain lot on the east bank of the Genesee river, on which a stone flour mill was erected, and struck off the same for the sum of $1505,41, to the plaintiffs in the execution, they being the highest bidders, and executed to them a certificate of sale. The relator having on the 2d August, 1826, obtained a judgment in his favor…
1Opinion of the Court
By the Court,
Savage, Ch. J.
By the first section of the repealing act of the 10th December, 1828, 2 R. S. 779, the act of 1820, under which the relator claims his deed, was repealed from and after the 31st December, 1829. By the 5th section of the repealing act, it is enacted that “ The repeal of any statutory provision by this act shall not affect any act done, or right accrued or established, or any proceeding, suit, or prosecution, had or commenced in any civil case previous to the time when such repeal shall take effect; but every such act, right, and proceeding, shall remain as valid and…
2Cases cited1 opinion
- People ex rel. Berry v. Herkimer C. P.New York Supreme Court · 1830
3Cited by30 opinions
- Fox v. Mohawk & Hudson River Humane SocietyNew York Court of Appeals · 1901
- Wilson v. HeadMassachusetts Supreme Judicial Court · 1904
- Coffin v. RichSupreme Judicial Court of Maine · 1858
- Curran v. OwensWest Virginia Supreme Court · 1879
- Searcy v. StubbsSupreme Court of Georgia · 1853
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