Briggs v. Green
Supreme Court of Vermont
Petition to vacate tbe levy of an execution in favor of tbe defendant upon tbe plaintiff’s real estate. Tbe facts in tbe case appear in tbe opinion of tbe court.
1Opinion of the Court
Poland, Ch. J.
Tbe petitioner claims to have tbe two levies made on his real estate, on executions in favor of tbe petitioner, vacated upon two grounds.
1st. That be was not notified by tbe officer to choose apprais-» ers and bad no opportunity to do so.
*5662d. That two of the appraisers appointed by the justice, were not “judicious and disinterested freeholders,” because they were his personal enemies and were in litigation with him.
In relation to this last clause, if what is alleged in the petition be true, it furnishes no legal ground for vacating the levy. The existence of unfriendly feelings by…
2Cases cited5 opinions
- Mosseaux v. BrighamSupreme Court of Vermont · 1847
- Pratt v. JonesSupreme Court of Vermont · 1850
- Paddleford v. BancroftSupreme Court of Vermont · 1850
- Hyde v. TaylorSupreme Court of Vermont · 1847
- Burgess v. Towns of Grafton & ChesterSupreme Court of Vermont · 1838
3Cited by1 opinion
- Parker v. ParkerSupreme Court of Vermont · 1882