Green v. Bailey
Superior Court of New Hampshire
Debt, upon a judgment rendered by the court of common pleas, in this county, at September term, 1808. The defendant pleaded in bar, that an execution, duly issued upon the said judgment, was extended upon the land of the said defendant, and thereby satisfied. To this plea, the plaintiff replied, that at the time of the said extent, the defendant had no title nor interest in the land, upon which the said .execution was extended.
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Debt, upon a judgment rendered by the court of common pleas, in this county, at September term, 1808. The defendant pleaded in bar, that an execution, duly issued upon the said judgment, was extended upon the land of the said defendant, and thereby satisfied. To this plea, the plaintiff replied, that at the time of the said extent, the defendant had no title nor interest in the land, upon which the said .execution was extended. To this replication there was a general demurrer.
1Opinion of the CourtRichardson, C. J.
At common law, after a full and perfect execution had by extent returned and of record, there could be no re-extent upon any eviction ; but if an extent were insufficient inlaw, in that case there might, at common law, be a re-extent. Coke Litt. 290, a.—2 Croke 338, Crawley vs. Lydgeat — Tidd’s Prac 950.
It has always been held, in this state, that, if an extent be Insufficient upon the face of it to pass the land, the judgment *34remains unsatisfied ; and that an action of debt will lie to enforce the payment of it. This point was decided in this county, December term, 1815, in the case of Chase…
2Cases cited3 opinions
- Gooch v. AtkinsMassachusetts Supreme Judicial Court · 1817
- Smith v. DrewMassachusetts Supreme Judicial Court · 1809
- Sullivan v. M'KeanSuperior Court of New Hampshire · 1819
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- Burnham v. CoffinSuperior Court of New Hampshire · 1835