2 How. Pr. 116
Decided April 15, 1846
New York Supreme Court · decided 1846-04-15
Motion by defendant to set aside or vacate a sheriff’s deed. On the 26th of March, 1844, all the interest of the defendant, Elijah Smith, in a farm of land in Tompkins county, was sold on an execution issued on a judgment docketed in the clerk’s office of Tompkins county, October 6, 1841, in favor of the plaintiffs against the defendant, Elijah Smith, for $147.65 cents, damages and costs.
Decided 1846-04-15
¶1Motion granted on the ground suggested at the hearing, that is, that the judgment debtor duly redeemed the land sold. The judgment and mortgage alleged to be owned by the bank are still liens on the land, if they are valid, and the bank can proceed upon them to recover what is due.
¶2Motion granted without costs to either party.