Glidden v. Chase
Supreme Judicial Court of Maine
On Report from Nisi Prius, Shepley, C. J. presiding. Writ oe Entry. The land had been levied and set off on execution to the demandant. Subsequently to the levy, the execution debtor conveyed it to the tenant. Unless the levy was valid, the demandant is not entitled to recover.
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On Report from Nisi Prius, Shepley, C. J. presiding. Writ oe Entry. The land had been levied and set off on execution to the demandant. Subsequently to the levy, the execution debtor conveyed it to the tenant. Unless the levy was valid, the demandant is not entitled to recover. To the levy two objections were taken ,• the one in relation to the notice jgiven by the officer to the debtor, in which to appoint one of the appraisers; the other, because a greater amount of land, by fourteen cents, was set off than the officer was authorized by the execution to levy. The case was submitted to the…
1Opinion of the CourtHoward, J.
— The demandant is entitled to judgment, if the levy of his execution on the demanded premises, can be supported. It was made, as it appears by the return of the officer, for a sum exceeding the amount of the judgment, including the debt, costs and interest, and the charges of levy, by fourteen cents; and, consequently, more land was taken from the debtor than, at the appraised value, would satisfy the sums for which the levy could have been properly made.
It is not assumed that a creditor can legally take more land from his debtor, by levy, than may be sufficient, at the appraisement, to…
2Cases cited3 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Boyden v. MooreMassachusetts Supreme Judicial Court · 1809
- Huntington v. WinchellSupreme Court of Connecticut · 1830
3Cited by2 opinions
- Cowling v. MuldrowSupreme Court of Arkansas · 1903
- Prescott v. PrescottSupreme Judicial Court of Maine · 1873