Perry v. Whipple
Supreme Court of Vermont
Ejectment for lot No. 49 in Newark. Plea, the general issue, and trial by court, Caledonia county, December Term, 1864, Poland, Ch. J., presiding. The plaintiff claimed title by virtue of an attachment and levy of an execution in his favor against Daniel Whipple. The main facts in the case sufficiently appear in the opinion of the court.
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Ejectment for lot No. 49 in Newark. Plea, the general issue, and trial by court, Caledonia county, December Term, 1864, Poland, Ch. J., presiding. The plaintiff claimed title by virtue of an attachment and levy of an execution in his favor against Daniel Whipple. The main facts in the case sufficiently appear in the opinion of the court. On trial the defendant offered in evidence the original execution upon which said levy was made for the purpose of showing that the execution was not correctly recorded. The plaintiff objected to the same, claiming that it was not admissible at least for the…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The action is ejectment for lot No. 49 in Newark. The plaintiff claims title by virtue of an attachment and levy of an execution in his favor against Daniel Whipple. It appeared on trial thiit Daniel Whipple, at the time of the plaintiff’s attachment and levy, owned the lot, unless the defendant acquired title to it by virtue of a vendue deed from the collector of taxes of Newark. The court having decided the defendant’s title invalid, and the exception to that ruling not being insisted on here, the question is as to the validity of the…
2Cases cited5 opinions
- Morton v. EdwinSupreme Court of Vermont · 1846
- Bond v. WilderSupreme Court of Vermont · 1844
- Phelps v. ParksSupreme Court of Vermont · 1832
- Fifield v. RichardsonSupreme Court of Vermont · 1861
- Wilson v. FlemingSupreme Court of Vermont · 1844
3Cited by3 opinions
- Rich v. SowlesSupreme Court of Vermont · 1892
- James R. Hill & Co. v. WarrenSupreme Court of Vermont · 1881
- Corthell v. EgerySupreme Judicial Court of Maine · 1882