Mitchell v. Kirtland
Supreme Court of Connecticut
This was an action of ejectment for several pieces of land in Saybrook ; tried, on the general issue, at Middletown, February term, 1828, before Daggett, J. The plaintiff was the owner in fee of the demanded premises until the 6th of July, 1824, when the President, Directors and Company of the Eagle Bank levied thereon an execution in their favour against the plaintiff; and the defendant, who had the title of the Eagle Bank, entered under that levy and ousted the plaintiff…
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This was an action of ejectment for several pieces of land in Saybrook ; tried, on the general issue, at Middletown, February term, 1828, before Daggett, J. The plaintiff was the owner in fee of the demanded premises until the 6th of July, 1824, when the President, Directors and Company of the Eagle Bank levied thereon an execution in their favour against the plaintiff; and the defendant, who had the title of the Eagle Bank, entered under that levy and ousted the plaintiff as alleged in the declaration. The levy was correct in point of form ; and but one objection was made to its validity.…
1Opinion of the CourtPeters, J.
The acquisition of title by execution, is a proceeding in invitum. The requisites of its validity are prescribed by positive law. It is in derogation of the common law, and stricti juris. An omission, therefore, of a statute requisite, is fatal. Hobart v. Frisbie, 5 Conn. Rep. 592 Parker v. Rule’s lessee, 9 Cranch 64. “ It must not be forgotten,’’ says the Chief Justice, in Metcalf v. Gillet, 5 Conn. Rep. 400. 403. “that the only way in which title can be acquired to land, by the levy of an execution, is by an observance of all the requisites of positive law.”
The statute (p. 57.) provides,…
2Cases cited5 opinions
- Parker v. Rule's LesseeSupreme Court of the United States · 1815
- Fox v. HillsSupreme Court of Connecticut · 1815
- Metcalf v. GilletSupreme Court of Connecticut · 1824
- Hobart v. FrisbieSupreme Court of Connecticut · 1825
- Chapman v. GriffinConnecticut Superior Court · 1790
3Cited by10 opinions
- Low v. Town of MadisonSupreme Court of Connecticut · 1948
- Fulton v. Town of DoverSupreme Court of Delaware · 1888
- Morton v. EdwinSupreme Court of Vermont · 1846
- Dunn v. FlynnSupreme Court of Connecticut · 1928
- Lewis v. St. Paul, M. &. M. Ry. Co.South Dakota Supreme Court · 1894
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