Bill v. Pratt
Supreme Court of Connecticut
This was an action of ejectment; tried, on the general issue, at Norwich, January term, 1823, before Brainard, J. The plaintiff claimed title, by the levy of an execution in his favour against the defendant. The levy was made, by the officer, on the 11th of February, 1822, on eighty acres of land; and immediately afterwards, he called out the appraisers, who were sworn, and viewed the land.
Read the full summary
This was an action of ejectment; tried, on the general issue, at Norwich, January term, 1823, before Brainard, J. The plaintiff claimed title, by the levy of an execution in his favour against the defendant. The levy was made, by the officer, on the 11th of February, 1822, on eighty acres of land; and immediately afterwards, he called out the appraisers, who were sworn, and viewed the land. On the next day, they made, signed and delivered to the plaintiff, in the presence of the officer, a certificate, stating, that they had appraised twenty-two acres of the land so levied on, particularly…
1Opinion of the Court
Hosmer, Ch. J.
The precise manner of setting off land on execution, is not prescribed by law, but unquestionably, so far as the statute has gone, it must be complied with, and that mode of levy alone, should be sanctioned, which is fair, and involves no unreasonable hardship. In consistency with this general principle, the construction of a levy, ought to be liberal; as the taking of land in payment of a debt, is usually the result of necessity, and most commonly disadvantageous to the creditor.
Under the charge of the court, the jury must have found, that there was no fraud or deceit, on the…
2Cases cited1 opinion
- Benjamin v. HathawaySupreme Court of Connecticut · 1821
3Cited by3 opinions
- Kellogg v. WadhamsSupreme Court of Connecticut · 1832
- Camp v. BatesSupreme Court of Connecticut · 1838
- Booth v. BoothSupreme Court of Connecticut · 1829