Castner & Hinckley v. Symonds
Supreme Court of Minnesota
Nelson, J. A hill for relief was filed and suit commenced for the Complainant, Symonds, on the 26th day of January, A. D. 1853, in. the District Court for the County of Bamsey, against Castner & Ilincldey. The Defendants, Castner & Hinckley, were allowed, on the 24th of October, 1853, to put in their joint and several answers after a decree %>ro confesso had been entered against them.
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Nelson, J. A hill for relief was filed and suit commenced for the Complainant, Symonds, on the 26th day of January, A. D. 1853, in. the District Court for the County of Bamsey, against Castner & Ilincldey. The Defendants, Castner & Hinckley, were allowed, on the 24th of October, 1853, to put in their joint and several answers after a decree %>ro confesso had been entered against them. On the 28th of November, 1856, by stipulation, Emmett & Moss were made parties defendants, and.upon the 9th day of December 1856 filed their joint and several answers, and also served a cross bill, to which…
1Opinion of the Court
No Real-Estate can be sold under a Judgment-Lien until the requirements of the Statute in regard to a Levy have been fulfilled.
Where a Sheriff, in making a levy upon real-estate, did not go upon the premises, but ' went in sight of them, and did not leave a copy of the execution upon the premises nor with any one occupying the same, and did not demand payment, — Held, That this was no Levy under our Statute.
The Sheriff’s Certificate of Sale on Execution should be a„statement„of facts, and not of any conclusions of law he might form as to what constitutes a Levy.
The Sheriff’s Certificate or…
2Cases cited18 opinions
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- Green v. BurkeNew York Supreme Court · 1840
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Bowen v. BellNew York Supreme Court · 1823
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
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3Cited by2 opinions
- Bowyer v. KnappWest Virginia Supreme Court · 1879
- Rohrer v. TurrillSupreme Court of Minnesota · 1860