Booth v. Booth
Supreme Court of Connecticut
This was an action of ejectment; to which the general issue Was pleaded. The deiendant, Phebe Booth, claimed title to the demanded premises, by virtue of the levy of an execution in her favour against Thompson Booth, the deiendant, and two other persons.
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This was an action of ejectment; to which the general issue Was pleaded. The deiendant, Phebe Booth, claimed title to the demanded premises, by virtue of the levy of an execution in her favour against Thompson Booth, the deiendant, and two other persons. A copy of the execution and of the officer’s return, duly authenticated, being offered in evidence, the deiendant objected to the return, on the ground that it did not appear thereby, that the requirements of the statute {tit. 2. s. 76.p. 57.) had been complied with. In this stage of the cause, it was taken from the jury, by consent of…
1Concurrence
Hosmer, Ch. J.
I have the misfortune to differ from the Court, in this case. I should content myself with the mere declaration of my nonconeurrence, were I not persuaded, that some of the principles advanced tend to jeopardize the title to land, and to produce general inconvenience. From the officer’s return it does not appear, that the land levied on was appraised by indifferent freeholders ; nor that before the land was set out, an appraisement in writing was made and delivered to the levying officer. Both these are indispensable requisites to a legal title. It was correctly said, in Hobart…
2Cases cited6 opinions
- Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Metcalf v. GilletSupreme Court of Connecticut · 1824
- Curtis v. HurlburtSupreme Court of Connecticut · 1817
- Hobart v. FrisbieSupreme Court of Connecticut · 1825
1 more not listed; retrieve them via the Exa API.