Ex parte Aldrich
Court for the Trial of Impeachments and Correction of Errors
Redemption of lands. Aldrich, on the 6th day of April, 1844, became the purchaser of a lot of land sold by the sheriff of Warren, on execution issued upon a judgment against Jenks Coman, and received a certificaté.
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Redemption of lands. Aldrich, on the 6th day of April, 1844, became the purchaser of a lot of land sold by the sheriff of Warren, on execution issued upon a judgment against Jenks Coman, and received a certificaté. No redemption having been made by the defendant or those claiming title under him, within one year, S. Griffin 2d, as assignee of Sterne the plaintiff in a judgment junior to that on which the land was sold, on the 5th July, 1845, attempted to acquire the interest of Aldrich by redemption. For that purpose he presented to and left with the sheriff certain papers as evidences of his…
1Opinion of the Court
By the Court, Beardsley, J.
Where a party, as assignee oí a judgment, is seeking to redeem lands sold under execution, he must present to and leave with the officer or purchaser, amongst other evidences of his right, a true copy of the assignment of said judgment, "verified by his affidavit, or by the affidavit of some witness to such assignment.” (2 R. S. 373, § 60.) No affidavit is made by either of the two subscribing witnesses to this assignment, and the party himself, in his affidavit, only says that the judgment belonged to him. This is in no sense a verification of the copy of the…
2Cited by5 opinions
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- People ex rel. Post v. FlemingNew York Supreme Court · 1847
- Lachaise v. MarksNew York Court of Common Pleas · 1855
- People ex rel. Wyman v. JohnsonNew York Supreme Court · 1873