Legal Opinion

Sullivan v. M'Kean

Superior Court of New Hampshire

Decided February 15, 1819PublishedCited by 3 opinions

THIS was an action of debt upon a judgment that wats recovered against the defendant’s intestate. At September term, 1818, the defendant filed several pleas in bar, that were all afterwards waived except one, which stated in substance, that on the 27th of January, 1815, Sullivan sued out an execution on said judgment, and February 22d, 1815, caused it to be extended on land belonging to the intestate : that the appraisers were duly appointed, the land set off in full…

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THIS was an action of debt upon a judgment that wats recovered against the defendant’s intestate. At September term, 1818, the defendant filed several pleas in bar, that were all afterwards waived except one, which stated in substance, that on the 27th of January, 1815, Sullivan sued out an execution on said judgment, and February 22d, 1815, caused it to be extended on land belonging to the intestate : that the appraisers were duly appointed, the land set off in full satisfaction of the claim, possession delivered to the plaintiff, and the execution, with the doings of the appraisers and…

1Opinion of the Court

Woodbürx, J.

delivered the opinion of the court.

This demurrer cannot be supported except upon our statute of November 5th, 1813(1.) For the plea contains every allegation which was necessary at common law to pass the *372title of land under an elegit; and would have been a perfect ^ t0 or 'scire facias on the judgment, unless the plaintiff replied, and proved that the land at the time of the extent was not the property of the debtor(2.)

The plea avers not only that the execution was levied, but that it was returned ; as it must have been, in order to perfect a title, which is both acquired and…

2Cases cited4 opinions

  1. Ladd v. BluntMassachusetts Supreme Judicial Court · 1808
  2. Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813
  3. Tate v. AndersonMassachusetts Supreme Judicial Court · 1812
  4. Jackson ex dem. Ramson v. ShepardNew York Supreme Court · 1806

3Cited by3 opinions

  1. Whiting v. BradleySuperior Court of New Hampshire · 1819
  2. Green v. BaileySuperior Court of New Hampshire · 1823
  3. Rand v. HadlockSuperior Court of New Hampshire · 1834

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