Osborn v. Alexander
New York Supreme Court
Appeal by the defendant from a judgment of the County Court of Oneida county, reversing a judgment of a Justice’s Court. The plaintiff brought an action in replevin in a Justice’s Court to recover certain personal property which was taken under the replevin papers. The defendant gave an undertaking and took the property back into his possession.
Read the full summary
Appeal by the defendant from a judgment of the County Court of Oneida county, reversing a judgment of a Justice’s Court. The plaintiff brought an action in replevin in a Justice’s Court to recover certain personal property which was taken under the replevin papers. The defendant gave an undertaking and took the property back into his possession. The plaintiff claimed to own the property by virtue of a purchase at a sheriff’s sale on an execution issued upon a judgment recovered by Marshall W. Barker on the 25th day of March, 1880, against Edward P. Alexander. Execution on that judgment was…
1Opinion of the Court
Hardin, P. J.:
July 13, 1882, an execution on the Barker judgment was placed in the hands of the sheriff of Oneida county, within whose jurisdiction the property in question remained, and the property from that time was bound by the execution. (Code of Civ. Pro., § 1405.)
Section 1409 of the Code of Civil Procedure provides for exceptional cases, and declares, viz.: “ The title to personal property acquired before the actual levy of an execution by a purchaser in good faith, and without notice that the execution has been issued, -is not affected by an execution delivered, before the purchase…
2Cases cited15 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Gregory v. ThomasNew York Supreme Court · 1838
- Ely v. . CarnleyNew York Court of Appeals · 1859
- Marsden v. . CornellNew York Court of Appeals · 1875
10 more not listed; retrieve them via the Exa API.