Legal Opinion

Church v. Chapin

Supreme Court of Vermont

Decided February 15, 1862PublishedCited by 23 opinions

Ejectment. The plaintiff claimed title under a warranty-deed from one Fortin Church to him, dated October 29th, 1855. The defendant' offered in evidence certified copies of the record of a judgment in favor of one Deborah Church against Fortin Church, rendered in 1858, for $524.50, for which sum execution issued May 4th, 1858 ; also, a copy of this execution and the officer’s return thereon, showing a levy of the same upon the premises in question ; also, a warranty deed…

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Ejectment. The plaintiff claimed title under a warranty-deed from one Fortin Church to him, dated October 29th, 1855. The defendant' offered in evidence certified copies of the record of a judgment in favor of one Deborah Church against Fortin Church, rendered in 1858, for $524.50, for which sum execution issued May 4th, 1858 ; also, a copy of this execution and the officer’s return thereon, showing a levy of the same upon the premises in question ; also, a warranty deed from Deborah Church to the defendant Chapin, dated April 4th, 1859, to all of which the plaintiff objected, but the court…

1Opinion of the CourtPeck, J.

The question in this case is which of these parties acquired the better title from Fortin Church. The plaintiff shows title by deed from Fortin Church, dated October 29th, 1855. The defendant shows title by levy of an execution in favor of Deborah Church against Fortin Church, in 1858, for *227between $500 and $600, issued on a judgment recovered in 1858, in a suit commenced in 1856, aud by deed from Deborah Church to the defendant, dated April 4th, 1859. Nothing appears invalidating the deed to the plaintiff as against Fortin Church. The question is whether it is good against his creditors, or…

2Cited by23 opinions

  1. Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
  2. Philipowski v. SpencerTexas Supreme Court · 1885
  3. Strong v. LawrenceSupreme Court of Iowa · 1882
  4. Greenup v. CrooksIndiana Supreme Court · 1874
  5. Becker v. BeckerSupreme Court of Vermont · 1980

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