Beers v. Botsford
Supreme Court of Connecticut
error. This was a bill in chancery, brought by Daniel Botsford, as executor of Moses Botsford, deceased, against Lemuel Beers and others, to obtain the legal title to real estate. The case came before this court, on a demurrer to the bill, June term, 1836; when the demurrer was over-ruled. 11 Conn.
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error. This was a bill in chancery, brought by Daniel Botsford, as executor of Moses Botsford, deceased, against Lemuel Beers and others, to obtain the legal title to real estate. The case came before this court, on a demurrer to the bill, June term, 1836; when the demurrer was over-ruled. 11 Conn. Rep. 369 — 375. The defendants afterwards put in a general answer to the bill; and there was a hearing, on the bill and answer, before the superior court in Fairfield county, April term, 1838. The bill alleged, that the plaintiff, as executor of the last will of Moses Botsford, deceased, in…
1Opinion of the Court
Williams, Ch. J.
The principal objection urged against the decree of the superior court, was, to the title acquired under the levy of the execution of Street and Monson. And as this title depends upon the levy of Street and Monson’s execution, if that is void, the plaintiff’s case must fail. Was that levy properly made?
*151The claim of the defendants is, that the executor should have selected one or more of the pieces of land, sufficient to satisfy - the execution, and not have extended it over the whole ; and it is compared to the levy of an execution upon lands held in common, by distinct…
2Cases cited4 opinions
- Botsford v. BeersSupreme Court of Connecticut · 1836
- Weeden v. HawesSupreme Court of Connecticut · 1834
- Punderson v. BrownSupreme Court of Connecticut · 1803
- Gaylord v. CouchSupreme Court of Connecticut · 1811
3Cited by3 opinions
- Gest v. GestSupreme Court of Connecticut · 1933
- Crepeau v. GronagerConnecticut Appellate Court · 1996
- Warner Glove Co. v. JenningsSupreme Court of Connecticut · 1889