Legal Opinion

Spencer v. Champion

Supreme Court of Connecticut

Decided July 15, 1838PublishedCited by 4 opinions

This was a bilí in chancery, in which the plaintiffs, claiming as heirs at law of Nancy Spencer, deceased, averred, that she, during her life, had caused to be attached and set off upon execution in her favour against The Smith Manufacturing Company, certain real estate situated in East-Haddam, with a stone manufactory upon it, the legal title in which was outstanding in the defendant, and praying that it might be vested in them, as they had the legal title.

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This was a bilí in chancery, in which the plaintiffs, claiming as heirs at law of Nancy Spencer, deceased, averred, that she, during her life, had caused to be attached and set off upon execution in her favour against The Smith Manufacturing Company, certain real estate situated in East-Haddam, with a stone manufactory upon it, the legal title in which was outstanding in the defendant, and praying that it might be vested in them, as they had the legal title. Upon a hearing of the bill and answer, the following facts were found. The plaintiffs had a legal title to the estate in question,…

1Opinion of the Court

Williams, Ch. J.

The questions reserved for our consideration, are, 1. Was the Parmelee execution returned in due time? 2. Was the conduct of the defendant with respect to the personal property sold under the execution, fraudulent as to creditors ? 3. If it was, what effect ought it to have upon the levy upon the real estate ?

1. On the one part, it is said, that according to the legal mode of computing time, as the defendant’s judgment was rendered on the 23d of October, and his execution was not returned until the 23d of February, more than four months had elapsed, and so his lien was lost:…

2Cases cited5 opinions

  1. Arnold and Others v. The United StatesSupreme Court of the United States · 1815
  2. Avery v. StewartSupreme Court of Connecticut · 1816
  3. Troup v. WoodNew York Court of Chancery · 1820
  4. Tomlinson v. LeavenworthSupreme Court of Connecticut · 1817
  5. Isham v. DownerSupreme Court of Connecticut · 1830

3Cited by4 opinions

  1. Ives v. CultonCourt of Appeals of Texas · 1917
  2. Crews v. First National Bank of CharlotteSupreme Court of North Carolina · 1877
  3. Nowell v. NowellConnecticut Superior Court · 1963
  4. Froneberger v. First Nat. Bank of CharlotteCourt of Appeals for the Fourth Circuit · 1913

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