Hurlbut v. Mayo
Supreme Court of Vermont
THIS was a writ of Audita Querela, containing the following complaint: — That the said Mayo by the consideration of the County Court holden at Burlington in and for the County of Chittenden, September term, 1820, recovered judgment against the said Hurl-but for the sum of $345 43 damages, and for the sum.of $16 91 costs of suit; upon which judgment the said Mayo took out his-execution dated 1st of December, 1820, and on the 27th day of the same December, extended the same on…
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THIS was a writ of Audita Querela, containing the following complaint: — That the said Mayo by the consideration of the County Court holden at Burlington in and for the County of Chittenden, September term, 1820, recovered judgment against the said Hurl-but for the sum of $345 43 damages, and for the sum.of $16 91 costs of suit; upon which judgment the said Mayo took out his-execution dated 1st of December, 1820, and on the 27th day of the same December, extended the same on a certain tract of land situate in Essex in said County, in part satisfaction of the sums of money contained in said…
1Opinion of the CourtWilliams, J.
The complaint sets forth, that in September, 1820, Mayo, the defendant, recovered judgment against Hurlbut, the complainant. — That an execution issued thereon, which was extended on certain lands described in the complaint, and the execution returned, as having been regularly levied on those lands in. satisfaction of the judgment and execution. — That the land described in the Sheriff’s return on saidt execution, was not shewn to the appraisers, or appraised by them; but that a different tract of land, containing the same number of acres, was shewn to and appraised by the appraisers, which…
2Cases cited2 opinions
- Jackson ex dem. Vanderlyn v. NewtonNew York Supreme Court · 1820
- Johnson v. HarveyMassachusetts Supreme Judicial Court · 1808
3Cited by3 opinions
- Tudor v. TaylorSupreme Court of Vermont · 1853
- Wardell v. EdenNew York Supreme Court · 1801
- Town of Poultney v. Treasurer of StateSupreme Court of Vermont · 1853