Citation Numbers: 65 How. Pr. 84
Judges: McAdam
Filed Date: 3/15/1883
Status: Precedential
Modified Date: 2/5/2022
The leasehold interests of the judgment debtor were levied upon, advertised and sold as if they were personal property. This was probably legal (Allen on Sheriff's, 159). Having been advertised and sold as “ chattel ” interests they must be so regarded for all purposes in subsequent proceedings founded upon the sale. The statute invoked by the petitioner is entitled “ Summary proceedings to recover the possession of real property,” and section 2232 of the Code, under which the present proceeding was instituted provides * * * “that a person who holds over and continues in
The leasehold interest having been advertised and sold as personal property, the petitioner who purchased at the sale cannot invoke the aid of the statute, which in express terms limits its operation to real property. It follows that the proceeding must be dismissed for want of jurisdiction.