Downer v. Hazen
Supreme Court of Vermont
Tins was a petition to this court, preferred at the present term, by John Downer, praying the court to vacate or affirm a levy of an execution in his favor against Noah B. Ha-zen, upon certain lands in Hartford, in the county of Windsor, described in said petition.
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Tins was a petition to this court, preferred at the present term, by John Downer, praying the court to vacate or affirm a levy of an execution in his favor against Noah B. Ha-zen, upon certain lands in Hartford, in the county of Windsor, described in said petition. The petitioner set forth, that at the May term of Windsor county court, 1833, he recovered a judgment in his favor against said Hazen, and took out a writ of execution upon said judgment, in due form of law, dated the 7th day of June, 1833, made returnable in sixty days from date, and on the same day delivered said execution to the…
1Opinion of the Court
The opinion of the Court was delivered by
Redfield, J.
In this case there is no doubt that the levy is void. Although begun within the life of the execution, it was not finished and caused to be recorded, in the office of either the town clerk or the clerk of the court, until more than four months after the execution had expired.
The passing of title to real estate, by levy of execution, from its very nature, must be considered a matter stricti juris. It admits of no latitude of construction. The title passes by operation of law, and the prerequisites must be complied with, in the manner pointed…
2Cited by6 opinions
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- Russell v. BrooksSupreme Court of Vermont · 1855
- Little v. SleeperSupreme Court of Vermont · 1864
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