New York Court of Appeals January 19, 1875 (Stilwell v. Carpenter)

Andrews, J.

The plaintiff, as devisee and • owner of the. land sold on the execution upon the judgment recovered, in September, 1857, by Gilbert against Sylvanus B. Stilwell (the plaintiff’s testator), could maintain an action to set aside the sheriff’s sale, and the deed made in pursuance thereof, if the judgment in fact was paid when the sale was made.