King v. Goodwin
Massachusetts Supreme Judicial Court
Entry sur disseisin. The demandant, having recovered a judgment in this Court, November term, 1814, against the tenant, sued out his alias execution, and the tenant was committed to prison thereon. Afterwards discovering sufficient real estate of the tenant, wherewith to satisfy his judgment, he sued out a pluries [ *64 ] execution, and having * given the tenant permission to go at large, he extended the same on the demanded premises.
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Entry sur disseisin. The demandant, having recovered a judgment in this Court, November term, 1814, against the tenant, sued out his alias execution, and the tenant was committed to prison thereon. Afterwards discovering sufficient real estate of the tenant, wherewith to satisfy his judgment, he sued out a pluries [ *64 ] execution, and having * given the tenant permission to go at large, he extended the same on the demanded premises. The action coming on for trial before Wilde, J., at the last October term, at Taunton, the judge directed a nonsuit, with a view to bring before the Court, for…
1Opinion of the Court
Curia.
We are all of opinion, that the debtor being committed to prison in execution, and liberated, therefrom by the creditor, the judgment was satisfied; and the pluries execution, upon which the levy on the land was made, was void. It seems to be a settled principle at common law, that when a judgment debtor is taken in execution, and is afterwards discharged with the consent of the creditor, no action can be maintained upon the same judgment (1). The reason is as strong against the issuing of another execution upon the *55same judgment; for the judgment is in fact satisfied, and there is…
2Cases cited1 opinion
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
3Cited by13 opinions
- Splahn v. GillespieIndiana Supreme Court · 1874
- Durette v. BriggsSupreme Court of Missouri · 1871
- Boren v. M'GeheeSupreme Court of Alabama · 1838
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
- Albers v. KozeluhNebraska Supreme Court · 1903
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