Benjamin v. Hathaway
Supreme Court of Connecticut
THIS was an action of disseisin, tried at Hartford, September term, 1820, before Chapman, J. The plaintiffs claimed title to the demanded premises, by virtue of the levy of an execution, in favour of Anson Coe, against the defendant, issued on a judgment recovered on a promissory note, payable to Coe ; which note had been previ, ously assigned to the plaintiffs, and before the commencement of this suij;, Coe had conveyed to them the premises, by a deed of quit-claim, duly…
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THIS was an action of disseisin, tried at Hartford, September term, 1820, before Chapman, J. The plaintiffs claimed title to the demanded premises, by virtue of the levy of an execution, in favour of Anson Coe, against the defendant, issued on a judgment recovered on a promissory note, payable to Coe ; which note had been previ, ously assigned to the plaintiffs, and before the commencement of this suij;, Coe had conveyed to them the premises, by a deed of quit-claim, duly executed and recorded. There was due on the execution, at the time of the levy; 541 dollars, 72 cents. It was levied, by…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiffs claimed title to the premises, demanded in their action of disseisin, by virtue of the levy of an execution. The motion presents for determination, three questions, 1. Whether an officer may be admitted to falsify, by his own testimony, the return which he made. 2. Whether he is compellable to give such testimony. 3. Whether the levy of the execution, and the appraisement of the land taken, and the charge to the jury, were pursuant to law.
1. If an officer were permitted to falsify his indorsement on an execution, it would destroy confidence in returns, and render…
2Cases cited1 opinion
- Gardner v. HosmerMassachusetts Supreme Judicial Court · 1810
3Cited by10 opinions
- Mauran v. LambNew York Supreme Court · 1827
- Marcy v. KinneySupreme Court of Connecticut · 1832
- Westport National Bank v. WoodConnecticut Superior Court · 1974
- Bill v. PrattSupreme Court of Connecticut · 1823
- Hochstadter v. HaysSupreme Court of Colorado · 1887
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