Ex parte Raymond
Court for the Trial of Impeachments and Correction of Errors
Redemption of lands. On the 15th day of August, 1843, the sheriff of Rensselaer county sold a lot of land on Third-street, in the city of Troy, upon a fi.fa. issued upon a judgment against John Wheeler, docketed May 6, 1839: Moffatt became the purchaser at $237,50, and duplicate certificates were signed according to the statute.
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Redemption of lands. On the 15th day of August, 1843, the sheriff of Rensselaer county sold a lot of land on Third-street, in the city of Troy, upon a fi.fa. issued upon a judgment against John Wheeler, docketed May 6, 1839: Moffatt became the purchaser at $237,50, and duplicate certificates were signed according to the statute. On the 15th November, 1844, the last day for other judgment creditors to acquire the title of the purchaser, there existed, three other judgments which were a lien upon the premises; (1) One in favor of Lucy Adams and others against Wheeler and others, docketed 19th…
1Opinion of the Court
By the Court, Beardsley, J.
The assignment of the judgment in favor of Lucy Adams and others, admits payment of the full amount by the relator, although the affidavits show that five dollars only were actually paid, a contingent arrangement being made as to the residue. This, however, cannot invalidate the assignment. The transfer of the judgment was absolute and •unqualified, although the stipulation for payment was, in part, contingent. By this transfer the relator became a creditor of Wheeler as assignee of that judgment, and consequently had a right to become a purchaser of the land…
2Cases cited1 opinion
- Waller v. HarrisNew York Supreme Court · 1838
3Cited by3 opinions
- Hall v. FisherNew York Supreme Court · 1849
- Whiting v. ButlerMichigan Supreme Court · 1874
- Frazier v. CrowellCalifornia Supreme Court · 1877