Wilcox v. Emerson
Supreme Court of Rhode Island
Trespass and ejectment to obtain possession of a lot of land with the improvements thereon, situated in the village of Pawtucket, bought by the plaintiff at a constable’s sale upon an execution against the defendant issuing from a justice court at the suit of one David G. Allen. A jury trial having been waived, the case was submitted to the court both in fact and law.
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Trespass and ejectment to obtain possession of a lot of land with the improvements thereon, situated in the village of Pawtucket, bought by the plaintiff at a constable’s sale upon an execution against the defendant issuing from a justice court at the suit of one David G. Allen. A jury trial having been waived, the case was submitted to the court both in fact and law. The plaintiff offered in support of his title the execution in said suit of Allen v. Emerson, with the officer’s return thereon. The return was as follows : — “ Providence so. North Providence, May 7th, 1863. “ I have this day…
1DissentPotter, J.
In this case the plaintiff sues in ejectment. He claims title by a constable’s deed, on execution issued in a suit where the present defendant was defendant and one Allen was plaintiff. He produces a judgment and execution, a levy and a deed.' But the return on the execution does not state that he had advertised the property as the law requires. At a former hearing, the court decided that this return was insufficient. The question now is whether this defect, if it be a defect, can be supplied by parol evidence. The strongest case to which we have been referred by counsel is Wellington v.…
2Cases cited8 opinions
- Jackson ex dem. Ten Eyck v. WalkerNew York Supreme Court · 1830
- Wellington v. GaleMassachusetts Supreme Judicial Court · 1816
- Hart v. CleisNew York Supreme Court · 1811
- Watson v. WatsonSupreme Court of Connecticut · 1827
- Metcalf v. GilletSupreme Court of Connecticut · 1824
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