Burnham v. Coffin
Superior Court of New Hampshire
Debt upon a judgment of this court, rendered January term, 1830. Upon the trial, in the common pleas, the plaintiff offered ⅜ evidence the judgment described in his declaration. The defendants then showed that execution issued on said judgment on the 16th of January, 1830,. and on the 17th of February following was extended upon five several tracts of land, in Chester, as the estate of the debtors.
Read the full summary
Debt upon a judgment of this court, rendered January term, 1830. Upon the trial, in the common pleas, the plaintiff offered ⅜ evidence the judgment described in his declaration. The defendants then showed that execution issued on said judgment on the 16th of January, 1830,. and on the 17th of February following was extended upon five several tracts of land, in Chester, as the estate of the debtors. It appeared by the return of the extent, that the five tracts of land were appraised together, at a gross sum, by direction of the creditor’s agent, in order that no one parcel might be redeemed…
1Opinion of the CourtParker, J.
It has been decided that the levy, made upon the execution formerly issued upon the judgment which is the foundation of this suit, was void ; and one of the parcels of the land taken by it has been held against the plaintiff. 6 N. H. Rep. 306, Burnham vs. Aiken. It does not appear that the plaintiff went into the possession of the other parcels, or who was in possession at the time of the commencement of this action; and it is objected that the plaintiff cannot recover in this case, because his levy put him in possession of the land, and that for aught which appears he is still in the…
2Cases cited3 opinions
- Tate v. AndersonMassachusetts Supreme Judicial Court · 1812
- Burnham v. AikenSuperior Court of New Hampshire · 1833
- Green v. BaileySuperior Court of New Hampshire · 1823
3Cited by1 opinion
- Trinity EMS, Inc. v. Timothy CoombsSupreme Court of New Hampshire · 2014