Kellogg v. Wadhams
Supreme Court of Connecticut
This was an action of ejectment for two tracts of land in Marwinton; to which the general issue was pleaded and closed to the court. The cause was tried at Litchfield, February term, 183*2, before Daggett, J- The demanded premises were formerly owned, by John Watkins, under whom the plaintiff and the defendant claimed title. Both parties were the creditors of Watkins; who had attached the lands, and had them set off on their respective expeditions.
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This was an action of ejectment for two tracts of land in Marwinton; to which the general issue was pleaded and closed to the court. The cause was tried at Litchfield, February term, 183*2, before Daggett, J- The demanded premises were formerly owned, by John Watkins, under whom the plaintiff and the defendant claimed title. Both parties were the creditors of Watkins; who had attached the lands, and had them set off on their respective expeditions. The defendant’s writ of attachment was served April 2nd, 1828 ; that of the plaintiffs, May 27th, 1828. The defendant’s writ purported, on its…
1Opinion of the CourtBissell, J.
The defendant’s title is controverted on two grounds. It is contended,
1. That the defendant’s writ of attachment was void.
2. That the levy of his execution was invalid.
If the plaintiffs have succeeded in establishing either of these positions, they are entitled to a judgment in their favour ; otherwise, it is conceded, that judgment must be rendered for the defendant.
1. It is contended, that the defendant’s writ was void.
First, on the ground, that the magistrate has not certified, that he administered the oath, according to the requirements of the statute.
*215There is not the slightest foundation…
2Cases cited1 opinion
- Bill v. PrattSupreme Court of Connecticut · 1823
3Cited by28 opinions
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- Chapel-High Corp. v. CavallaroSupreme Court of Connecticut · 1954
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