Walker v. Newton
Supreme Judicial Court of Maine
On report. The case, which is sufficiently stated in the opinion, was submitted on an agreed statement of facts. We may show collaterally, in this action, that defendant could not extend her execution by a levy. Thayer v. Hollis, 3 Met. 369. Decisions prior to 1869, like Wyman v. Fox, 59 Maine, 101, and cases therein cited, do not apply since the change in the statutes.
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On report. The case, which is sufficiently stated in the opinion, was submitted on an agreed statement of facts. We may show collaterally, in this action, that defendant could not extend her execution by a levy. Thayer v. Hollis, 3 Met. 369. Decisions prior to 1869, like Wyman v. Fox, 59 Maine, 101, and cases therein cited, do not apply since the change in the statutes. Act of 1869 was consolidated in the revisions of 1871 and 1883. The first section remains where it was placed, the second being added to B. S., c. 81, § 68, and provides that " all attachments of real and personal estate are…
1Opinion of the CourtEmery, J.
This is a real action. The plaintiffs show title as heirs of one Joss, deceased, who admittedly died seized of the demanded premises. The defendant claims title under a judgment against the estate, and a levy of the execution on the demanded premises, according to the statute B. S., c. 76, § 49. *460A few clays before the judgment and levy, however, the estate had been represented insolvent and commissioners of insolvency had been appointed by the probate court. No report of such commissioners had been made.
The statute cited authorized the defendant’s levy, "unless prior thereto his [the…
2Cited by1 opinion
- First Auburn Trust Co.Supreme Judicial Court of Maine · 1937