Sanborn v. Chamberlin
Massachusetts Supreme Judicial Court
Contract by a deputy sheriff against Chamberlin and Warren N. Abbott, for an unpaid balance of the purchase money of an equity of redemption sold on execution.
Read the full summary
Contract by a deputy sheriff against Chamberlin and Warren N. Abbott, for an unpaid balance of the purchase money of an equity of redemption sold on execution. The declaration alleged, in substance, that the plaintiff, being a deputy of the sheriff of Suffolk, did, in that capacity, on November 11, 1865, by virtue of an execution issued upon a judgment in favor of Elizabeth M. Shehan against James Dowd and another, “ seize, take and levy upon all the right, title and interest that the said James Dowd had at nine o’clock, a. m., on the 27th day of January 1865, being the time when the same was…
1Opinion of the CourtChapman, C. J.
The learned judge who tried the case ruled that the fact that the plaintiff did not state, in his return, that the execution was satisfied, constituted a fatal defect in the defendants’ title under the levy, and that this action could not be maintained, for that reason.
But it is obvious that an officer cannot be bound to state in his return what is not true; nor is he under obligation to advance the money to satisfy the execution. The execution remains unsatisfied because the defendants have not fulfilled their contract; so that they are setting up their own fault as a defence to the action.…
2Cases cited3 opinions
- Catlin v. Jackson ex dem. GratzCourt for the Trial of Impeachments and Correction of Errors · 1811
- Simonds v. CatlinNew York Supreme Court · 1804
- Remington v. LinthicumSupreme Court of the United States · 1840
3Cited by10 opinions
- White v. Dahlquist Manufacturing Co.Massachusetts Supreme Judicial Court · 1901
- Edmund Wright Ginsberg Corp. v. C. D. Kepner Leather Co.Massachusetts Supreme Judicial Court · 1945
- Gardner v. BarnesMassachusetts Supreme Judicial Court · 1871
- Wasson v. PalmerNebraska Supreme Court · 1885
- Martin v. MathisCourt of Appeals of Kentucky · 1919
5 more not listed; retrieve them via the Exa API.