Legal Opinion

Metcalf v. Gillet

Supreme Court of Connecticut

Decided July 15, 1824PublishedCited by 13 opinions

This was an action of ejectment, tried at Brooklyn, September term, 1823, before Peters, J. The plaintiff claimed title, by virtue of the levy of an execution, issued on a judgment of the county court for Windham county, legally rendered at the December term, 1821, in favour of fhe plaintiff, against Isaac Gillet, one of the defendants.

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This was an action of ejectment, tried at Brooklyn, September term, 1823, before Peters, J. The plaintiff claimed title, by virtue of the levy of an execution, issued on a judgment of the county court for Windham county, legally rendered at the December term, 1821, in favour of fhe plaintiff, against Isaac Gillet, one of the defendants. The return of the sheriff stated a demand of the debtor ; and, on his neglect of payment, a levy of the execution on the land in question; the appointment of appraisers; and then proceeded as follows : “ And the said appraisers, then and there, on a view of…

1Opinion of the Court

Hosmer, Ch. J.

The plaintiff claims title under an execution, and the only question in the case, is, whether it was duly levied. The appraisers of the land levied upon were legally appointed ; and their appraisement, in the sheriff’s return, is set forth in the following words : “ On a view of said described premises, on which the execution had been so levied, the appraisers did, upon their oaths, appraise the said premises at the sum of 48 dollars, 70 cents, per acre, as the then present true and just value thereof to the creditor in this execution.” It does not appear by the return of the…

2Cases cited3 opinions

  1. Curtis v. HurlburtSupreme Court of Connecticut · 1817
  2. Pendleton v. ButtonSupreme Court of Connecticut · 1820
  3. Chapman v. GriffinConnecticut Superior Court · 1790

3Cited by13 opinions

  1. Booth v. BoothSupreme Court of Connecticut · 1829
  2. Watson v. WatsonSupreme Court of Connecticut · 1827
  3. Swift v. AgnesWisconsin Supreme Court · 1873
  4. Biberdorf v. JuhnkeNorth Dakota Supreme Court · 1929
  5. Mitchell v. KirtlandSupreme Court of Connecticut · 1828

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