Pillsbury v. Smyth
Supreme Judicial Court of Maine
This case came before the Court upon the following statement : — Scire facias to revive a judgment of this Court, and to have an alias execution issued. The plaintiff introduced a judgment of the Court, rendered October Term, A. D. 1839, in this county, for $4301,56, debt, and $17,56, costs.
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This case came before the Court upon the following statement : — Scire facias to revive a judgment of this Court, and to have an alias execution issued. The plaintiff introduced a judgment of the Court, rendered October Term, A. D. 1839, in this county, for $4301,56, debt, and $17,56, costs. An execution issued Nov. 21, 1839. On the 11th December, 1839, the execution was levied on of a township of land in Aroostook county by an officer of that county, and the execution returned satisfied thereby in the sum of $2424,01, which levy was duly recorded in Aroos-took county. The execution contained…
1Opinion of the Court
The opinion of the Court was drawn up by
TesNey J.
No question is made, that the plaintiff failed to obtain any right in the estate of the debtor upon which he levied his execution in the county of Aroostook; or that the return of the sale of an equity of redemption of the land in Bangor gave him no title therein ; in the former levy the officer who made it had no authority, the execution not being directed to any one in that county; and in the latter, the *430debtor ha.ving an absolute title to the land itself, when the seizure upon the execution was made, the proceedings of the officer were not…
2Cases cited1 opinion
- Forster v. MellenMassachusetts Supreme Judicial Court · 1813
3Cited by3 opinions
- Martel v. BearceSupreme Judicial Court of Maine · 1973
- O'Conner v. YoungbloodSupreme Court of Alabama · 1849
- Merchants Credit Service, Inc. v. Chouteau County BankMontana Supreme Court · 1941