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.
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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…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The first question relates to the admissibility of the parol evidence, which was offered to show the true time, at which *80the execution was recorded in the office of the justice, from whom it issued. In the case of Olmstead v. Hoyt, 4 Day 436, it was held, that parol evidence was admissible, to show the actual time of praying put a writ, though it contravened its date ; and the same decision was had in Parkman v. Crosby, 16 Pick. 297; and in Connecticut it seems well established, that the return of an officer, whether on mesne or final…
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