Sarna v. Leavitt

Judgment reversed upon the law and the facts, and a new trial granted, costs to appellants to abide the event. There was no proof that defendants ever took possession of the property in question. The presumption is that the sheriff legally performed his duty in levying and selling under the execution. Plaintiff did not prove that the proper postings were not had. Lazansky, P. J., Rich, Kapper, Seeger and Scudder, JJ., concur.