Baxter v. Tucker
Supreme Court of Vermont
THIS was a ccire facias brought before the County Court to have execution on a judgment, rendered in the County Court for Rutland County, on the third Monday of November, 1803, for the sum of $125 93 damages and costs.
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THIS was a ccire facias brought before the County Court to have execution on a judgment, rendered in the County Court for Rutland County, on the third Monday of November, 1803, for the sum of $125 93 damages and costs. The scirefadas set forth the judgment, and that, on the 25th day of October, 1804, the plaintiff took out execution thereupon. — That on the 11th day of November, 1804, he caused the same to be levied on a certain lot of land situated in the town of Randolph in the County of Orange, (the lot described by metes and bounds) as the property of the defendant S. Tucker. — That after…
1Opinion of the Court
Chipman, Ch. J.
delivered the opinion of the Court.
If the statute of limitation is, as contended by the defendant’s counsel, a peremptory bar in this instance, it is certainly a very hard case and contrary to equity. The Court however are of opinion, that the statute of limitations in the clause relied upon contemplates only the case of a judgment, which has been suffered to lie dormant eight years — no satisfaction appearing of record. The law goes oil the presumption that a judgment would not have been suffered to lie so long unsatisfied; it presumes that the judgment had been paid and…
2Cited by5 opinions
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