In the matter of Mascraft against Van Antwerp, Sheriff of Albany

In the matter of Mascraft against Van Antwerp, Sheriff of Albany. A sheriff, who advertises for sale on but one execution, cannot sell under that and another execution, coming subsequently to his hands, by virtue of the same advertisement. On a sale of lands, the whole purchase money should be inserted in the sertifieate of sale. May ltth,t 824, afi. fa. was issued, and delivered to the-Sheriff of Albany, in favour of Stephen P. Schuyler, against Benjamin Coveil, for $60,09, on a judgment obtained in a Justice’s Court, a transcript whereof had been filed in the Clerk’s office, May 6th, 1824. On this execution, the Sheriffadvertised for sale two small lots in Watervliet, to be sold June 23d, 1824. The execution upon Schuyler's judgment was delivered to the Sheriff on the 11 th May, 1824, and on the same day another^, fa. was delivered toa deputy of the same Sheriff against Covell, in favour of John V. Fassett and William I. Seldon for $113,72 on a judgment in this Court, docketed March 16th, 1824 ; but the advertisement of sale did not include this execution, which was delivered at a later hour in the day than that of Schuyler. At the time and place appointed in the advertisement, the two lots were eld, both executions being then in the Sheriff’s hands, which was known to the purchaser at the sale. William Mas= craft purchased, at a bid of $175. The question was now submitted by J. V. N. Yales, ia behalf of Mascraft, and Cornelius Van Antwerp, the Sheriff, in person, whether in the certificate of sale he ought to state both executions, so as to entitle the purchaser to all the benefits of a sale under both. It was insisted, in behalf of Mascraft, that when a Sheriff advertises on one execution, and subsequently receives another, the sale proceeds on both, without requiring a second advertisement. A debtor’s property might never be sold, if every execution, as it came to hand, required another advertisement. The Sheriff submitted, that, as the advertisement specified but one execution, the certificate of sale should be confined to that alone. [MAJORITY — Curia.] Curia. As the Sheriff advertised on one execution only, he can state no other in the certificate or deed of sale; but the whole sum bid by Mascraft should be inserted, that the debtor or a creditor, coming to redeem, may know the amount of principal and interest he is to pay, and the purchaser, on the other hand, be secure of receiving the amount which he has paid. Rule accordingly.