Legal Opinion

Pratt v. Jones

Supreme Court of Vermont

Decided March 15, 1853PublishedCited by 8 opinions

Scire Facias, to obtain a new execution, upon a judgment of a justice of tbe peace; a former execution having been levied upon a certain piece of land encumbered by a mortgage, without noticing the mortgage. Plea, the general issue, and trial by jury.

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Scire Facias, to obtain a new execution, upon a judgment of a justice of tbe peace; a former execution having been levied upon a certain piece of land encumbered by a mortgage, without noticing the mortgage. Plea, the general issue, and trial by jury. On trial, the plaintiff offered in evidence the said execution, and officer’s return thereon, with the certificate thereon of the recording of the same, all dated in September, A. D. 1843. The plaintiff also offered in evidence, a mortgage deed of the premises levied upon, from the said Asa Jones to one Simon Warren, bearing date the 7th day of…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

This is a scire facias to obtain a new execution upon a judgment of a justice of the peace, a former executionhaving been levied upon land encumbered by a mortgage, without noticing the mortgage. This proceeding is founded upon a statute passed at the session of 1850, the levy having been made long before that.

1. It is claimed that this statute was not intended to operate upon levies made before the passing of the act. But the terms of the act embrace all time prior to the petition, without limitation, and it embodies in one section all…

2Cited by8 opinions

  1. Judd v. JuddMichigan Supreme Court · 1900
  2. Maynes v. MooreIndiana Supreme Court · 1861
  3. Adams v. PalmerSupreme Judicial Court of Maine · 1863
  4. Hine v. PomeroySupreme Court of Vermont · 1867
  5. Rich v. FlandersSupreme Court of New Hampshire · 1859

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