Booth v. Booth
Supreme Court of Connecticut
This was an action of ejectment; to which the general issue Was pleaded. The deiendant, Phebe Booth, claimed title to the demanded premises, by virtue of the levy of an execution in her favour against Thompson Booth, the deiendant, and two other persons.
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This was an action of ejectment; to which the general issue Was pleaded. The deiendant, Phebe Booth, claimed title to the demanded premises, by virtue of the levy of an execution in her favour against Thompson Booth, the deiendant, and two other persons. A copy of the execution and of the officer’s return, duly authenticated, being offered in evidence, the deiendant objected to the return, on the ground that it did not appear thereby, that the requirements of the statute {tit. 2. s. 76.p. 57.) had been complied with. In this stage of the cause, it was taken from the jury, by consent of…
1Opinion of the CourtDaggett, J.
Several objections have been raised against the validity of the officer’s return, which will now be considered. Here I admit the principle advanced by the counsel, and adopted by those members of the Court who dissent from the opinion to be given, that every requisite to a valid levy must appear on the return, by express words, or by reasonable construction.
1. It is suggested, that several items in the bill of fees charged by the officer, and for which, as well as for the debt, the land was taken, were not provided for, by the statute on this subject. This is true ; and were this a fatal…
2Cases cited6 opinions
- Metcalf v. GilletSupreme Court of Connecticut · 1824
- Norton v. PettiboneSupreme Court of Connecticut · 1829
- Pendleton v. ButtonSupreme Court of Connecticut · 1820
- Beach v. WalkerSupreme Court of Connecticut · 1826
- Hitchcock v. HotchkissSupreme Court of Connecticut · 1816
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. MainSupreme Court of Connecticut · 1897
- Dingey v. PaxtonMississippi Supreme Court · 1883
- Ward v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1895
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Silsbee v. StockleMichigan Supreme Court · 1880
15 more not listed; retrieve them via the Exa API.