Franklin County National Bank v. Kimball
Massachusetts Supreme Judicial Court
Contract, with a count in tort, against a sheriff, to recover for the negligence of his deputy in levying an execution. At the trial in the Superior Court, Dewey, J. ordered the jury to return a verdict for the plaintiff, and reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
This is an action against a sheriff for the neglect of his deputy properly to levy an execution on real estate. There were three successive attachments, on writs against one Beals, of two parcels of land subject to separate mortgages. The first attachment was in favor of one Nims, the second in favor of the plaintiff in this action, and the third in favor of one Allen. The plaintiff first obtained judgment, and seasonably delivered its execution to the officer, with instructions to levy it upon the property. The officer commenced the levy by giving notice of the sale of the equity of…
2Cases cited2 opinions
- Clark v. SmithSupreme Court of Connecticut · 1833
- Middlesex Turnpike Co. v. WentworthSupreme Court of Connecticut · 1832