Huntington v. Winchell
Supreme Court of Connecticut
This was an action of ejectment; tried, on the general issue, at Hartford, February term, 1830, before Bissell, J. The plaintiff claimed title to tho land demanded, by virtue of two executions in his favour against John Winchell jun. the grantor of the defendant, levied upon such land as the estate of John Winehell jun. One of these executions was for the sum of 79 dollars, 39 cents; and the other, for 38 dollars, 34 cents.
Read the full summary
This was an action of ejectment; tried, on the general issue, at Hartford, February term, 1830, before Bissell, J. The plaintiff claimed title to tho land demanded, by virtue of two executions in his favour against John Winchell jun. the grantor of the defendant, levied upon such land as the estate of John Winehell jun. One of these executions was for the sum of 79 dollars, 39 cents; and the other, for 38 dollars, 34 cents. No objection was taken to the levies, except that it appeared from the return of the officer, that on the first execution he had levied upon and set off land to the amount…
1Opinion of the CourtBissell, J.
The question in this case was decided in the court below in conformity to what was understood to have been a previous decision on the circuit. I am satisfied, that the evidence ought to have been admitted. The excess was very trifling ; and the case seems peculiarly to require the application of the maxim—“De minibus non curat lex.” And even had the excess been at all important in point of amount, the entire levy ought not, on that account, to have been avoided ; as the debtor, if aggrieved, in such case, might obtain redress, by application to a court of chancery.
I would advise a new trial.
Pe…
2Cited by8 opinions
- Whelan v. ReillyWest Virginia Supreme Court · 1869
- Foreign Car Center, Inc. v. Essex Process Service, Inc.Massachusetts Appeals Court · 2005
- Sibley v. KrauskopfSupreme Court of Connecticut · 1934
- Burt v. HasselmanIndiana Supreme Court · 1894
- Glidden v. ChaseSupreme Judicial Court of Maine · 1852
3 more not listed; retrieve them via the Exa API.