1 Denio 662 | Court for the Trial of Impeachments and Correction of Errors | 1845
Where a party, as assignee oí a judgment, is seeking to redeem lands sold under execution, he must present to and leave with the officer or purchaser, amongst other evidences of his right, a true copy of the assignment of said judgment, "verified by his affidavit, or by the affidavit of some witness to such assignment.” (2 R. S. 373, § 60.) No affidavit is made by either of the two subscribing witnesses to this assignment, and the party himself, in his affidavit, only says that the judgment belonged to him. This is in no sense a verification of the copy of the assignment, and is wholly insufficient. The statute must be strictly complied with, and this is hardly an approach to it. But the affidavit of Thomas Coman is relied upon for this purpose. He was not a subscribing witness to the assignment, nor does he state in terms," that he was
Motion granted.