Huntington v. Cobleigh
Supreme Court of Vermont
This was an action which was tried by the County Court,- and came into this Court upon the following- Bill of exceptions'. Ejectment for part of No. 5 in the 5th Range 1st Divi-sión in Burke. — Isaac Fiske original proprietor.
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This was an action which was tried by the County Court,- and came into this Court upon the following- Bill of exceptions'. Ejectment for part of No. 5 in the 5th Range 1st Divi-sión in Burke. — Isaac Fiske original proprietor. Plea General issue, both plaintiff and defendant clairri title under Samuel Dallibee; The plaintiff to support the issue on his part read in evidence to thetJury his writ of attachment against said Dal-fibee, dated' February 1,1827, and made returnable to Caledonia County Court, at their April Term then next lobe holden, and purporting to have been served on t-ho' 3d of…
1Opinion of the Court
The opinion of the Court was delivered by
Williams J.
The plaintiff claims title by the levy of an execution in his favor, against one Samuel Dallibee, and the defendants title is a deed from Dallibee dated 13 February, 1828.— The attachment on which the judgment in favor of the-plaintiff was rendered on which the execution issued was served prior to the date of the deed. The question is, whether that attachment was served, so as .to create any lien on the land in question; and this depends on the conr struction of the law regulating attachment; more particularly the Statute passed in 1823, in…
2Cited by3 opinions
- Steam Stone Cutter Co. v. JonesUnited States Circuit Court · 1882
- Burchard, Wilson & Co. v. Town of Fair HavenSupreme Court of Vermont · 1875
- McKenzie v. RansomSupreme Court of Vermont · 1850