Rand v. Hadlock
Superior Court of New Hampshire
Trespass, quare clausum fregit. The close described in the declaration was in Bath. The cause was tried at the sittings of the court of Common Pleas, in September, 1833, and a verdict taken for the plaintiff, subject to the opinion of this court on the following case. One Samuel Hadlock being seized of the locus in quo, on the 18th August, 1817, by deed, conveyed the same to Thomas Hall.
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Trespass, quare clausum fregit. The close described in the declaration was in Bath. The cause was tried at the sittings of the court of Common Pleas, in September, 1833, and a verdict taken for the plaintiff, subject to the opinion of this court on the following case. One Samuel Hadlock being seized of the locus in quo, on the 18th August, 1817, by deed, conveyed the same to Thomas Hall. The plaintiff offered in evidence a judgment in his own favor, against the said Hall, rendered by the court of Common Pleas in this county, on the second Tuesday of September; 1813, for $806,82 debt, and…
1Opinion of the CourtGreen, J.
We are of opinion that there must be a new trial in this case.
When a creditor extends his execution upon the lands of his debtor, bis execution with the doings of the sheriff must be returned to the court, from which the execution issued, that the extent may become a matter of record. The express letter of the statute requires this ; and it is very clear that without a return of the execution nothing can pass by the extent. 3 Mass. Rep. 315; 4 ditto, 402; 3 Pickering, 331, Prescott v. Pettee; 5 Greenleaf, 197; 1 N. H. Rep. 372.
In general, a copy of the execution, with a copy of the doing's of…
2Cases cited1 opinion
- Sullivan v. M'KeanSuperior Court of New Hampshire · 1819
3Cited by1 opinion
- President of Natchez v. MinorMississippi Supreme Court · 1848