Legal Opinion

Stinson v. Ross

Supreme Judicial Court of Maine

Decided July 1, 1863PublishedCited by 1 opinion

On Report from Nisi Prius, Cutting, J., presiding. Writ- oe Entry. The demandant claimed under a sale of the equity of redemption on an execution issued ■ on a judgment afterwards reversed on error; and also under an assignment of the mortgage.

1Opinion of the Court

The opinion of the Court was drawn up by

Walton, J.

This' is a writ of entry. The demandant claims title as assignee of a¡ mortgage and purchaser of the equity of redemption at a sheriff’s sale.

One question is whether a sale on execution is vacated by a reversal of the judgment on which it issued. We think *557a reversal of the judgment will not have that effect. Upon the reversal of a judgment in a real action, the plaintiff in error will be restored to the land which he lost by it. Cummings v. Noyes, 10 Mass., 433. If judgment in a personal action has been satisfied by a levy on real estate, and…

2Cases cited1 opinion

  1. Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813

3Cited by1 opinion

  1. St. Paul Gaslight Co. v. KennySupreme Court of Minnesota · 1906

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