Loomis v. Storrs
Supreme Court of Connecticut
This was an action of ejectment, tried at Tolland, April term, 1822, before Peters, J. On the trial, the plaintiff claimed title, by virtue of an execution, in his favour, against William F. Storrs, legally issued, and levied, in due form, on the demanded premises, as the property of such debtor.
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This was an action of ejectment, tried at Tolland, April term, 1822, before Peters, J. On the trial, the plaintiff claimed title, by virtue of an execution, in his favour, against William F. Storrs, legally issued, and levied, in due form, on the demanded premises, as the property of such debtor. It was proved, by parol testimony, that the execution, before such levy, had been levied, by the officer, in whose hands it was, on the body of Storrs; and such officer had, by order of the plaintiff, released his body. The judge thereupon charged the jury, that the levy on the land was void, on…
1Opinion of the Court
Hosmer, Ch. J.
It is necessary for the plaintiff to establish the principle, that a creditor, having levied an execution on the body of his debtor, may, at his own option, discharge the body, and relevy on estate. In support of such principle, the law affords no countenance. From the 28 of Car. II. it has been well established, if the body of a debtor has been taken in execution, and he is discharged from custody, by the direction of the creditor, that the judgment is satisfied. 2 Bac. Abr. 719. (Gwil. ed.) Basset v. Salter, 2 Mod. Rep. 136. Vigers v. Aldrich, 4 Burr. 2482. Jacques v. Withy, 1…
2Cases cited3 opinions
- Luddington v. PeckSupreme Court of Connecticut · 1818
- Allen v. GleasonSupreme Court of Connecticut · 1810
- Hall v. HallConnecticut Superior Court · 1789
3Cited by4 opinions
- Bridgeport-City Trust Co. v. HirschSupreme Court of Connecticut · 1935
- Terrell v. SmithSupreme Court of Connecticut · 1831
- Goldis v. GatelyMassachusetts Supreme Judicial Court · 1897
- Kennedy v. DunckleeMassachusetts Supreme Judicial Court · 1854