Graves v. Merwin
Supreme Court of Connecticut
This was an action of disseisin, brought to recover possession of certain lands situated in the town of New-Milford. The cause was tried, at Litchfield, February term 1848, before Church, Ch. J., upon the plea of the general issue. On the. trial, the plaintiff claimed title, by virtue of the levy of an alias or second execution, which, by the officer’s return thereon endorsed, appeared to have been legally levied upon the demanded premises.
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This was an action of disseisin, brought to recover possession of certain lands situated in the town of New-Milford. The cause was tried, at Litchfield, February term 1848, before Church, Ch. J., upon the plea of the general issue. On the. trial, the plaintiff claimed title, by virtue of the levy of an alias or second execution, which, by the officer’s return thereon endorsed, appeared to have been legally levied upon the demanded premises. But the defendant claimed) that the levy was void, and that the plaintiff had thereby acquired no title. It was admitted, that the original execution had…
1Opinion of the CourtWaite, J.
With respect to the admission df the officer to disprove the claim, that personal property had been tendered to him, we can see no valid objection to it. To render such an objection available, upon the ground of interest in the witness, it was incumbent upon the defendant to show such interest. This he failed to do.
It was proved, that, in all his proceedings, the officer acted under the directions of the plaintiff. If so, he could not be chargeable with any omission or neglect of duty. The case *100falls directly within the principles recently recognized by this court. Carrington v. Holabird, 17…
2Cases cited1 opinion
- Allen v. GleasonSupreme Court of Connecticut · 1810
3Cited by2 opinions
- Bryant v. Trutnel Realty Corp.New York Supreme Court · 1959
- Fair Cadillac Oldsmobile Corporation v. Allard, No. 29 95 04 (Sep. 1, 1994)Connecticut Superior Court · 1994