Legal Opinion

Parker v. Parker

Supreme Court of Vermont

Decided January 15, 1882PublishedCited by 1 opinion

Petition to vacate a levy of an execution on real estate brought to the Supreme Court, January Term, 1882. The case is stated in the opinion. If the return fails to show that the justice who appoints one or more of the appraisers, could by law judge between the parties in civil causes, the levy is void.

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Petition to vacate a levy of an execution on real estate brought to the Supreme Court, January Term, 1882. The case is stated in the opinion. If the return fails to show that the justice who appoints one or more of the appraisers, could by law judge between the parties in civil causes, the levy is void. Dodge v. Prince, 4 Yt. 191. It was held in Bell v. Roberts, 13 Vt. 582, that a levy defective as in Dodge v. Prince, supra, was within the provisions of the statute of 1837, Gen. St. c. 47, s. 46. See opinion of Judge Collamer in Bell v. Roberts, supra, and Judge Redfield in Hyde v. Taylor, 19…

1Opinion of the Court

The opinion of the court was delivered by

Taft, J.

This case is a petition under s. 1596, R. L. to vacate the levy of an execution extended upon real estate. The execution was not recorded in the town clerk’s office, nor returned to the office of the clerk signing it, within sixty days from the date of its issue. The levy was therefore void ; cases cited in Rob. Dig. 317, s. 121. The question arises, whether proceedings under s. 1596, R. L., are,applicable to a levy that is void. The statute extends to cases where “ the extent or levy is irregular, informal, or not made according to law, so…

2Cases cited4 opinions

  1. Bell v. RobertsSupreme Court of Vermont · 1841
  2. Hyde v. TaylorSupreme Court of Vermont · 1847
  3. Hopkins v. HaywardSupreme Court of Vermont · 1861
  4. Briggs v. GreenSupreme Court of Vermont · 1861

3Cited by1 opinion

  1. Whitefield v. AdamsSupreme Court of Vermont · 1893

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