Pratt v. Jones
Supreme Court of Vermont
Debt upon judgment. Pleas, — 1. Nul tiel record2. Payment; — 3. That the plaintiff had caused the amount of the judgment, and all .interest, cost and charges, to be levied and fully satisfied of the lands and estate of the defendant. These pleas were traversed, and issue joined. Trial by the court, September Adjourned Term, 1849, — Kellogg, J., presiding.
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Debt upon judgment. Pleas, — 1. Nul tiel record2. Payment; — 3. That the plaintiff had caused the amount of the judgment, and all .interest, cost and charges, to be levied and fully satisfied of the lands and estate of the defendant. These pleas were traversed, and issue joined. Trial by the court, September Adjourned Term, 1849, — Kellogg, J., presiding. It appeared, that the plaintiff recovered judgment against the defendant, April 18, 1843, as described in his declaration, and that the execution, which issued thereon, was returned satisfied by a levy upon land of the defendant, in…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
There are some questions, in regard to the form of the issue, and the sufficiency of proof, to show that the mortgage was a subsisting security at the date of the levy, which we shall not stop to discuss at length. It seems to me, that the issue does not in fact involve any inquiry as to the validity of the levy, but only whether the execution appeared of record to be satisfied, or, in other words, was satisfied of record. If the plaintiff wished to show, by matter dehors the record, that the execution was not in fact satisfied, *344and if such…
2Cases cited3 opinions
- Dimick v. BrooksSupreme Court of Vermont · 1849
- Hyde v. TaylorSupreme Court of Vermont · 1847
- Administrators of Royce v. StrongSupreme Court of Vermont · 1839
3Cited by7 opinions
- Lindley v. KelleyIndiana Supreme Court · 1873
- Wood v. ConradSouth Dakota Supreme Court · 1892
- Tudor v. TaylorSupreme Court of Vermont · 1853
- Barney v. LeedsSupreme Court of New Hampshire · 1874
- Briggs v. GreenSupreme Court of Vermont · 1861
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