Legal Opinion

Gooch v. Atkins

Massachusetts Supreme Judicial Court

Decided October 15, 1817PublishedCited by 17 opinions

This was an action of debt upon a judgment; to which the defendant pleaded payment in full satisfaction; on which issue was joined. She also pleaded that an execution, which was issued on the judgment, had been duly levied on certain real estate, and returned fully satisfied, setting forth particularly the execution, and the officer’s return thereon.

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This was an action of debt upon a judgment; to which the defendant pleaded payment in full satisfaction; on which issue was joined. She also pleaded that an execution, which was issued on the judgment, had been duly levied on certain real estate, and returned fully satisfied, setting forth particularly the execution, and the officer’s return thereon. By this return it appeared that the execution was levied, in part, on a certain dwelling-house and land, appraised at 4700 dollars, of which the defendant was seised in fee, and concerning which there was no question in this action ; and for the…

1Per curiam

It was decided, in the case of Hatch vs. Green, that a judgment creditor, who had been evicted of part of the land taken in execution, might maintain an action of debt on the judgment for the appraised value of that part. The present case is stronger for the plaintiff, inasmuch as the plaintiff has never taken any thing by force of this supposed levy on the dower, as it is called; and it would be absurd to require that he should enter, when he knows that his title is defective, and that he should be evicted by a legal process, in order to maintain this action of debt on the judgment.

The only…

2Cited by17 opinions

  1. Blain v. HarrisonIllinois Supreme Court · 1849
  2. Witthaus v. . SchackNew York Court of Appeals · 1887
  3. Doe ex dem. Cook v. WebbSupreme Court of Alabama · 1851
  4. Pixley v. BennettMassachusetts Supreme Judicial Court · 1814
  5. Smith v. ShawMassachusetts Supreme Judicial Court · 1889

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