Haven v. Libbey
Superior Court of New Hampshire
The original action was ejectment, to recover land in Durham. The plaintiff claimed by virtue of levy of execution on the premises as John Drew’s property. Attachment on mesne process, July 25, 1795. Judgment at Strafford, May Term (24th), 1796; and levy made, and seisin delivered, June 21, 1796. John Drew’s title was by levy of execution on a large tract, of which the premises are a part.
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The original action was ejectment, to recover land in Durham. The plaintiff claimed by virtue of levy of execution on the premises as John Drew’s property. Attachment on mesne process, July 25, 1795. Judgment at Strafford, May Term (24th), 1796; and levy made, and seisin delivered, June 21, 1796. John Drew’s title was by levy of execution on a large tract, of which the premises are a part. Judgment was rendered at Strafford, April Term, 1794, against Jonathan Williams and Andrew Drew, for ¿62,658. Levy was made April 28, 1794. One source of title set up by the defendant was a deed from…
1Opinion of the Court
The Court
said the reversal on review, in part or even in whole, of the judgment, Drew v. Williams & Drew, which was satisfied by levy under which plaintiff claims, does- not affect the first levy; and the relevy, as it is called, has precisely the same effect as a levy on a judgment recovered in any other way. Plaintiff having attached premises before the levy or relevy by Williams and Drew in September, 1795, recorded February, 1796, Jonathan Williams, with a knowledge of that attachment, could not defeat it by levy on the same land. When Haven levied in June, 1796, it related back to the…
2Cases cited7 opinions
- Debell v. Foxworthy's heirsCourt of Appeals of Kentucky · 1848
- Clarey v. Marshall's HeirsCourt of Appeals of Kentucky · 1836
- Clap v. BellMassachusetts Supreme Judicial Court · 1808
- Fuller v. StorerMassachusetts Supreme Judicial Court · 1873
- Swett v. SullivanMassachusetts Supreme Judicial Court · 1811
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stratton v. AllenNew Jersey Court of Chancery · 1863