Wiswall v. Wilkins
Supreme Court of Vermont
This was an action of account, against the defendant as Bailiff and Receiver of the plaintiff in respect to the issues and profits of certain lands in St. Albans; to which the defendant pleaded that he was never bailiff and receiver— on which plea issue was joined.
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This was an action of account, against the defendant as Bailiff and Receiver of the plaintiff in respect to the issues and profits of certain lands in St. Albans; to which the defendant pleaded that he was never bailiff and receiver— on which plea issue was joined. The case which the plaintiff undertook to establish was, that by the levy of an execution in his favor against one Nathaniel Burton made in 1311, he acquired a title to an undivided half or moiety of the lands mentioned in the plaintiff’s Declaration; that the defendant or those under whom he holds, at or about the same time…
1Opinion of the CourtPaddock, J.
In- this case, the plaintiff, Wiswall calf’s-' on the defendant to render an account for the rents and-profits of certain lands and tenements, of which the Plain-claims to be a joint tenant with the defendant.
It appears that in 1811, the plaintiff, together with the defendant and others under whom the defendant claimed to hold, levied their executions on the houses and lands of one Burton their debtor ; the levies were all made by the same officer, and on the same day, who returned that he-put each of the creditors in possession.
The leyy of all the executions appear to be deféctive :/ and had…
2Cited by2 opinions
- Hayden v. MerrillSupreme Court of Vermont · 1872
- Holmes v. BestSupreme Court of Vermont · 1886