Cleveland v. Allen
Supreme Court of Vermont
Tbis was an action of ejectment íor lands in Salisbury, in the county of Addison. It was tried by jury in the county court, and brought up to this Court upon exceptions to decisions of the court upon the trial. The plaintiff made a good prima facie title' to the premises by the levy of an execution upon the same, as the property of the Glass Factory Company. The papers showing this •levy appeared regular, and were read to the jury without objection.
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Tbis was an action of ejectment íor lands in Salisbury, in the county of Addison. It was tried by jury in the county court, and brought up to this Court upon exceptions to decisions of the court upon the trial. The plaintiff made a good prima facie title' to the premises by the levy of an execution upon the same, as the property of the Glass Factory Company. The papers showing this •levy appeared regular, and were read to the jury without objection. The defendant then set up in his defence a prior levy of an execution upon the same property, as belonging to the same Glass Factory Company. To…
1Opinion of the Court
*177 The opinion of the Court was pronounced by,
Hutchinson, C. J.
All the questions, agitated in this cause, regard the levy under which the defendant claims: for the plaintiff’s title is admitted to be good, unless removed by this prior levy, setup by the defendant. To this the plaintiff objects, that the appraisers were appointed by a justice of the peace, and his certificate shows that he appointed six instead of three. If the officer’s return let this certificate of the justice remain an essential part of the proceedings, to make his return entire, it would form an objection of weight;…
2Cited by2 opinions
- Aldis v. BurdickSupreme Court of Vermont · 1836
- Wilcox v. EmersonSupreme Court of Rhode Island · 1872