Whitefield v. Adams
Supreme Court of Vermont
Petition to vacate a levy, returnable to and heard at the August term of the Lamoille County Supreme Court, 1893. The petitioner alleged that heretofore he had obtained a judgment and taken out an execution against the defendant, on which certain real estate of the defendant had been sold ; that the defendant claimed a homestead in the land and that the same was sold subject to such interest; that in fact the defendant had no such interest; wherefore the petitionee prayed…
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Petition to vacate a levy, returnable to and heard at the August term of the Lamoille County Supreme Court, 1893. The petitioner alleged that heretofore he had obtained a judgment and taken out an execution against the defendant, on which certain real estate of the defendant had been sold ; that the defendant claimed a homestead in the land and that the same was sold subject to such interest; that in fact the defendant had no such interest; wherefore the petitionee prayed that the levy might be vacated. The officer’s return, which was made a part of the petition, stated that the premises were…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
Petitions of this kind are sustainable in this court only when “the extent or levy is irregular, informal, or not made according to law, so that the title derived therefrom is doubtful.” R. L. 1,596. It has been uniformly held that this statute does not apply to the- case of a void levy. Parker v. Parker, 54 Vt. 341.
If the land levied upon includes a homestead, the location and boundaries of the homestead must be ascertained and set out before the sale, and the sale be of the residue. Acts, of 1884, No. 139, s. 8, and R. L. 1,895. This…
2Cases cited2 opinions
- Fairbanks v. DevereauxSupreme Court of Vermont · 1876
- Parker v. ParkerSupreme Court of Vermont · 1882