Elsworth v. Muldoon
New York Supreme Court
Henry Elsworth' took these proceedings against Kieren Muldoon, under 2 R. S., 312, to determine conflicting claims to the title to lands in the city of Hew York. The case -depended on the facts stated in the report of Livingstone v. Arnoux, at p. 158 of this volume.
1Opinion of the CourtFancher, J.
The plaintiff has shown sufficient actual possession to enable him to prosecute this proceeding to determine the claim of the defendant to the premises in question. The principal inquiries are, 1st. Whether Francis Price, the original owner, could, at the time it was attempted, redeem the premises from the execution sale thereof; and, 2nd. Whether he did effectuate such redemption. If these inquiries are answered in the affirmative, the asserted claim of the defendant to the premises is expunged by the superior title of the plaintiff.
Lands were formerly sold under execution in the same manner…
2Cases cited12 opinions
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Leland v. . CameronNew York Court of Appeals · 1865
- Russell v. AllenNew York Court of Chancery · 1843
- Bodine v. . MooreNew York Court of Appeals · 1858
- Post v. ArnotNew York Supreme Court · 1845
7 more not listed; retrieve them via the Exa API.