Administrators of Royce v. Strong
Supreme Court of Vermont
Scire facias to the county court for the purpose of obtaining an alias execution upon a judgment of that court, where the first execution had been levied upon the real estate of the debtor, incumbered by several mortgages. The declaration recited the judgment and set forth the levy in Time verba, by which it appeared that the estate levied upon was set out by metes and bounds as the proper estate of the said debtor, and was duly appraised at a sum stated in said levy.
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Scire facias to the county court for the purpose of obtaining an alias execution upon a judgment of that court, where the first execution had been levied upon the real estate of the debtor, incumbered by several mortgages. The declaration recited the judgment and set forth the levy in Time verba, by which it appeared that the estate levied upon was set out by metes and bounds as the proper estate of the said debtor, and was duly appraised at a sum stated in said levy. It also appeared by the levy that the appraisers found said estate incumbered by mortgages, which, added to the sum contained…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It is evident from the declaration that the plaintiff is not entitled to an alias execution. So far as the declaration is concerned, it would seem that the execution was levied upon the entire interest of the mortgagor; if so, the levy is correct and sufficient to pass the title.
It is, indeed, urged in argument and copies of the deeds are offered to be read to this court, showing that the mortgages extended over a greater extent of land than that included in the officer’s return, and that the officer set off part of the premises, described…
2Cited by3 opinions
- Lindley v. KelleyIndiana Supreme Court · 1873
- Pratt v. JonesSupreme Court of Vermont · 1850
- Hyde v. TaylorSupreme Court of Vermont · 1847