Little v. Sleeper
Supreme Court of Vermont
Ejectment for lands in Bradford. Plea, the general issue. Trial by jury, January Term, 1863, Peck, J., presiding. The defendant’s title depended upon the validity of the levy of an execution issued upon said lands .upon a judgment rendered in favor of the defendant against G. and E. Prichard, June 25th, 1860, for $2065.08, damages, and $5.44, costs.
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Ejectment for lands in Bradford. Plea, the general issue. Trial by jury, January Term, 1863, Peck, J., presiding. The defendant’s title depended upon the validity of the levy of an execution issued upon said lands .upon a judgment rendered in favor of the defendant against G. and E. Prichard, June 25th, 1860, for $2065.08, damages, and $5.44, costs. The defendant offered in evidence copies of the writ in that case, the officer’s return, judgment, execution, levy, and certificate of the town clerk of receipt and record of said execution, and the justice’s certificate of record, all of which…
1Opinion of the CourtPierpoint, J.
The principal question in this case is as to the> validity of the levy of the defendant’s execution, upon the land in controversy. The exceptions show that the officer levied the execution upon the land, took it with his return thereon to the town clerk’s office, and the town clerk made a certificate upon it, that he had received it for record, but did not then record it. The officer thereupon took the execution from the town clerk’s office, and returned it to the office of the justice who issued it, and the justice subsequently recorded it. The said officer afterwards and within the life of…
2Cases cited5 opinions
- Morton v. EdwinSupreme Court of Vermont · 1846
- Downer v. HazenSupreme Court of Vermont · 1838
- Hall v. HallSupreme Court of Vermont · 1831
- Perrin v. ReedSupreme Court of Vermont · 1860
- Russell v. BrooksSupreme Court of Vermont · 1855
3Cited by1 opinion
- Laidley's Adm'rs v. Bright's Adm'rWest Virginia Supreme Court · 1881