4 Cow. 65
Decided February 15, 1825
New York Supreme Court · decided 1825-02-15
In this case, it appeared that the judgment for the plaintiffs had been satisfied, by various payments, and some sales of property on credit, by the consent of both parties. These sales had been made by a deputy of the Sheriff of Ontario, to whom the execution was directed. It was delivered to the deputy, who sold upon it; and the proceeds of the sales had been received by him.
Decided 1825-02-15
¶1The plaintiffs are bound to give credit, in some shape, for the money received by the deputy. An entry of satisfaction upon the record, however, might deprive them of all remedy against the Sheriff. For the present, therefore, we direct a stay of all farther proceedings against the defendants, which will not interfere with the plaintiffs’ remedy against the Sheriff
¶2Rule accordingly.