Warren v. Kimball
Supreme Judicial Court of Maine
On REPORT. Writ of entry to recover a parcel of land in Shapleigb, in this county. The plaintiff put in, as evidence of his'title, a deed of warranty of the demanded premises, from Greenleaf Webber, of Sliapleigh, to him, not dated, but acknowledged September 16th, and recorded September 18, 1865. The defendant put in, as evidence of his title, copy of a writ in his favor against said Webber, bearing date, Sept. 15,1865, returnable to the January term, 1866, of this court.
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On REPORT. Writ of entry to recover a parcel of land in Shapleigb, in this county. The plaintiff put in, as evidence of his'title, a deed of warranty of the demanded premises, from Greenleaf Webber, of Sliapleigh, to him, not dated, but acknowledged September 16th, and recorded September 18, 1865. The defendant put in, as evidence of his title, copy of a writ in his favor against said Webber, bearing date, Sept. 15,1865, returnable to the January term, 1866, of this court. On this writ was the return of Joseph G. Harmon as deputy-sheriff", bearing date Sept. 15, 1865,' an attachment of all…
1Opinion of the CourtAppleton, C. J.
This is a" writ of entry, in which the plaintiff claims title by deed. The defendant derives his title under a levy in due form of law. The execution upon which the levy was made issued upon a judgment, where the attachment in the original suit appears to be of a date prior to that of the plaintiff’s deed. As both parties claim under one Webber, and as the defendant’s levy, being seasonably made, relates back to the date of the attachment, and thus is prior to the plaintiff’s deed, the defense upon the facts as thus stated must prevail.
■ But the plaintiff offers to show that the writ in the…
2Cases cited2 opinions
- Tevis v. YoungCourt of Appeals of Kentucky · 1858
- Ryon v. Bean's administratorCourt of Appeals of Kentucky · 1859
3Cited by2 opinions
- Dubie v. BranzSupreme Judicial Court of Maine · 1950
- Dubie v. BranzSupreme Judicial Court of Maine · 1950