Morton v. Edwin
Supreme Court of Vermont
Ejectment for land in Williston. Plea, the general issue, and trial by the court, March Term, 1845, — Bennett, J., presiding. The plaintiffs claimed title to the premises by virtue of the levy of an execution in their favor against the defendant, and gave in evidence, among other things, a certified copy of the record of the execution and return of the levy from the office of the justice of the peace who issued the execution.
Read the full summary
Ejectment for land in Williston. Plea, the general issue, and trial by the court, March Term, 1845, — Bennett, J., presiding. The plaintiffs claimed title to the premises by virtue of the levy of an execution in their favor against the defendant, and gave in evidence, among other things, a certified copy of the record of the execution and return of the levy from the office of the justice of the peace who issued the execution. The execution was dated October 10, 1842, and was made returnable in one hundred and twenty days. The officer’s return of the levy was in due form, and was dated…
1DissentHall, J.
The question in this case is, whether a levy on lands, where the execution was returned into the office of the justice and filed there for record within the life of it, but not actually recorded until after the bringing of the action, is valid, to lay a foundation for a recovery in the suit l
It was held, in the cases of Hall v. Hall, 5 Vt. 304, and Downer v. Hazen, 10 Vt. 418, that, where the officer neglected to make return of the execution within its life, the levy could not afterwards be completed, but was inoperative and void. And although intimations have been thrown out, that a record…
2Cases cited3 opinions
- Downer v. HazenSupreme Court of Vermont · 1838
- Hall v. HallSupreme Court of Vermont · 1831
- Burton v. PondSupreme Court of Connecticut · 1811