Legal Opinion

Stevens v. Brown

Supreme Court of Vermont

Decided January 15, 1830PublishedCited by 2 opinions

This was ejectment for lots no. 5 and 6 in the town of Vineyard. Plea, not guilty. At the trial in the county court it appeared in evidence, that in July, 1821, one Samuel H. Farnsworth recovered the seizin and possession of the premises, in an action of ejectment against one Helmes, commenced in the year 1818; that soon after the recovery of the judgement he took possession by virtue of a writ of habere jadas seisinam, and put one Wait into possession of the p'remises as…

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This was ejectment for lots no. 5 and 6 in the town of Vineyard. Plea, not guilty. At the trial in the county court it appeared in evidence, that in July, 1821, one Samuel H. Farnsworth recovered the seizin and possession of the premises, in an action of ejectment against one Helmes, commenced in the year 1818; that soon after the recovery of the judgement he took possession by virtue of a writ of habere jadas seisinam, and put one Wait into possession of the p'remises as his tenant, who continued in possession till the spring of 1823, when the defendant brought a written message from…

1Opinion of the Court

After argument, the opinion of the Court was pronounced by

Prentiss, Ch. J.

The testimony offered by the defendant to show that the lands described in the return upon the execution against Farnsworth, under the levy of which the plaintiff claimed title, were not the lands which were in fact appraised upon the execution, went to contradict the officer’s return, and was properly t ejected. It is settled, that the return of an officer, levying an *422execution on real estate, is conclusive upon the parties, and all claiming under them.—(Hathaway vs. Phelps, 2 Aik. Rep. 84.)

Smalley & Adams, for…

2Cases cited1 opinion

  1. Hathaway v. PhelpsSupreme Court of Vermont · 1827

3Cited by2 opinions

  1. Central Trust Co. of New York v. Georgia Pac. Ry. Co.U.S. Circuit Court for the Northern District of Georgia · 1896
  2. Skinner v. WatsonSupreme Court of Vermont · 1832

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