Means v. Osgood
Supreme Judicial Court of Maine
This was a writ of entry, in which the demandants made title to a parcel of land by virtue of the extent of an execution against one James Snowman, under whom the tenant claimed the same land by-deed.
Read the full summary
This was a writ of entry, in which the demandants made title to a parcel of land by virtue of the extent of an execution against one James Snowman, under whom the tenant claimed the same land by-deed. It appeared, at the trial before Weston J. that the officer had not stated in his return of the extent that the debtor had been duly notified to choose an appraiser, the officer having chosen one for him ; and the judge being of opinion that this was a fatal defect, ’Jv demand.tats became nonsuit; and the question was reserved for ■Jr- opinion of the court. Tht i;m ,-fioa was briefly spoken to,…
1Opinion of the Court
Parris J.
at this term delivered the opinion of the Court.
Our statute of 1821, ch. 60, sec. 27, provides, that the officer holding an execution, which the creditor thinks proper to levy on the debtor’s real estate, shall cause three disinterested free holders faithfully and impartially to appraise such real estate as shall be shown to them, ike. one of whom shall be chosen by the creditor, one by the debtor, and a third by the officer ; and in case the debt- or shall nogffiet or reluso to choose, after being duly notified by the officer, if flic debtor be Jiving in the county in which such…
2Cases cited1 opinion
- Wellington v. GaleMassachusetts Supreme Judicial Court · 1816
3Cited by2 opinions
- Sawyer v. Manchester & Keene RailroadSupreme Court of New Hampshire · 1882
- French v. EdwardsU.S. Circuit Court for the District of California · 1878