Howard v. Daniels
Superior Court of New Hampshire
In the return of a writ by which land has been attached, the description of the land is sufficient, if by such a description the land would pass in a deed. But in an extent, the description of the land set off must be more partisular.
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In the return of a writ by which land has been attached, the description of the land is sufficient, if by such a description the land would pass in a deed. But in an extent, the description of the land set off must be more partisular. If the proceedings, in making an extent, are not stated truly, the redress is by an action against the sheriff' for a false return ; but the extent itself is valid as between the pañíes and their privies, unless defective on its face, or contaminated with fraud. If the appraisers were governed by the opinion of the parties, in their estimate, and a small…
1Opinion of the CourtWoodbury, J.
The first objection to the recovery of the demandant is, that the description of the land in the return of the writ against Lewis was so general, no lien upon the land was acquired under the attachment. This objection, if well grounded. is fatal to the present action. Because, in that event, the demandant would acquire only the title Lewis owned at the date ol the levy, in November, 1812; and as he then *139owned only the equity of redemption, the demandant,-though the mortgage had not since been foreclosed by the tenant, would be unable to sustain against him a writ of entry without proving a…
2Cases cited3 opinions
- Jackson ex dem. Livingston v. De LanceyNew York Supreme Court · 1814
- Tate v. AndersonMassachusetts Supreme Judicial Court · 1812
- Commonwealth v. BullardMassachusetts Supreme Judicial Court · 1812
3Cited by5 opinions
- Moore v. KidderSupreme Court of New Hampshire · 1875
- Angier v. AshSuperior Court of New Hampshire · 1852
- Messer v. BaileySuperior Court of New Hampshire · 1855
- Moore v. KidderSupreme Court of New Hampshire · 1875
- Moore v. KidderSupreme Court of New Hampshire · 1875