Saunders v. First National Bank
Supreme Court of New Hampshire
Application to amend a sheriff’s return. Facts found by the court. The defendants having an execution against the plaintiff’s husband, levied it upon a tract of land which they claimed belonged to the husband, but which the plaintiff claims belonged to her. In the appraiser’s certificate the land is described as follows, — “ Tract No. 2 is situated on the corner of Lake and Elm streets,” — and there is no other description, either in the certificate or return of the officer.
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Application to amend a sheriff’s return. Facts found by the court. The defendants having an execution against the plaintiff’s husband, levied it upon a tract of land which they claimed belonged to the husband, but which the plaintiff claims belonged to her. In the appraiser’s certificate the land is described as follows, — “ Tract No. 2 is situated on the corner of Lake and Elm streets,” — and there is no other description, either in the certificate or return of the officer. Two questions are reserved, — first, Is the description sufficient? second, If it is not, can the officer be allowed to…
1Opinion of the CourtBlodgett, J.
When real estate is set off on execution, the statute requires that it shall be “ by metes and bounds, or other distinct description.” G. L., c. 237, s. 6. And as the right to take land on execution did not exist at common law, and is derived solely from the statute, a substantial compliance with its requirements is always necessary; — in other words, every fact essential by the statute to a good title must be expressly stated, or necessarily implied in what is stated, in a return. Mead v. Harvey, 2 N. H. 495, 497; Libbey v. Copp, 3 N. H. 45; Whittier v. Varney, 10 N. H. 295, 296; Avery v.…
2Cited by1 opinion
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