Ensworth v. Davenport
Supreme Court of Connecticut
This was an action of ejectment; to which the general issue was pleaded. The demanded premises were formerly the property of Samuel Davenport. The present plaintiff having obtained a judgment against him and, Seth Clark jr., took out execution, and had it levied on this property; but owing to some irregularities in the proceedings, no title was transferred.
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This was an action of ejectment; to which the general issue was pleaded. The demanded premises were formerly the property of Samuel Davenport. The present plaintiff having obtained a judgment against him and, Seth Clark jr., took out execution, and had it levied on this property; but owing to some irregularities in the proceedings, no title was transferred. The_ plaintiff then brought a writ of scire facias, to obtain a new execution, for the amount of the original judgment; which was served, by attaching the same property. The record of the county court, to which the scire facias was…
1Opinion of the CourtWilliams, J.
The only question in this case, is, whether ■■ scire facias founded upon a judgment between the same parties, will, when issued and served as an attachment, create w lien upon the property attached : in other words, whether :■ scire facias is a writ, on which process by attachment may issue, the original attachment law being limited to ordinan process.
The legislature, in May, 1814, enacted, that, “in writs ot scire facias, in all cases in which execution may be issued against the person and property of the defendant, on 1 ho judgment which may be rendered thereon, the process ma\ be by…
2Cited by15 opinions
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