Balch v. Pattee
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Bice, J., presiding. Assumpsit. The action was to recover pay for certain grass cut by defendant and carried away. The plea was the general issue. To show that the land on which the grass was cut belonged to him, the plaintiff introduced a levy of an execution1 in favor of himself against Tobias A. Hall.
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On Exceptions from Nisi Prius, Bice, J., presiding. Assumpsit. The action was to recover pay for certain grass cut by defendant and carried away. The plea was the general issue. To show that the land on which the grass was cut belonged to him, the plaintiff introduced a levy of an execution1 in favor of himself against Tobias A. Hall. By the return of the officer, it appeared, to have been completed, and seizin and possession delivered and accepted on February 17, 1851. But the officer certified at the bottom of Ms return that tbe levy was completed on March 11, 1851. The levy was recorded on…
1Opinion of the CourtTenney, J.
— The plaintiff claims to have been the owner of the land, where the hay was cut and removed by the defendant, by virtue of the levy of an execution in his favor against Tobias A. Hall, which levy seems to have been made perfect on February 17, 1851, and seizin delivered by the officer to the creditor, and acknowledged to have been received by him on the same day, all of which appear upon the back of the execution.
The officer having certified at the bottom of his return, that the levy was completed on March 11, 1851, when noth*355ing appears to have been done, or was necessary to give any…
2Cases cited1 opinion
- M'Lellan v. WhitneyMassachusetts Supreme Judicial Court · 1818
3Cited by1 opinion
- Bilby v. HartmanMissouri Court of Appeals · 1888