Berry v. Spear
Supreme Judicial Court of Maine
This was a writ of entry on the demandants’ own seisin, and was tried, upon tbe general issue, in the Court of Common Pleas, before Smith J. The demandant claimed title under the levy of an execution in favor of the Thommton Bank against Halsey Healey, and a deed from the Bank to him.
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This was a writ of entry on the demandants’ own seisin, and was tried, upon tbe general issue, in the Court of Common Pleas, before Smith J. The demandant claimed title under the levy of an execution in favor of the Thommton Bank against Halsey Healey, and a deed from the Bank to him. The writ was dated January 23, 1830 ; the officer’s return, attaching the demanded premises, was dated the same day; the judgment was rendered at the August term of the C. C. Pleas, 1830; the execution was levied on the 10th of September, 1830; and the levy recorded, on the 10th of December following. The tenant…
1Opinion of the Court
After a continuance, the opinion of the Court was drawn up by
Weston C. J.
Both parties claim under the title of Halsey Healy. The demandant makes out a title derived from him, the legal operation of which commenced on the twenty third of Jan. 1830, provided the levy of the Thomaston Bank, his immediate grantors, was seasonably recorded. The levy of the execution on the real estate in controversy, was made on the tenth of Sept. and it was recorded on the tenth of Dec. 1830. The statute requires, that this should be done within three months of the levy. In the computation of time, there is no…
2Cited by1 opinion
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