Wilcox v. Emerson
Supreme Court of Rhode Island
Trespass and ejectment to obtain possession of a lot of land with the improvements thereon, situated in the village of Pawtucket, bought by the plaintiff at a constable’s sale upon an execution against the defendant issuing from a justice court at the suit of one David G. Allen. A jury trial having been waived, the case was submitted to the court both in fact and law.
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Trespass and ejectment to obtain possession of a lot of land with the improvements thereon, situated in the village of Pawtucket, bought by the plaintiff at a constable’s sale upon an execution against the defendant issuing from a justice court at the suit of one David G. Allen. A jury trial having been waived, the case was submitted to the court both in fact and law. The plaintiff offered in support of his title the execution in said suit of Allen v. Emerson, with the officer’s return thereon. The return was as follows : — “ Providence so. North Providence, May 7th, 1863. “ I have this day…
1Opinion of the CourtDureee, J.
This is an action of trespass and ejectment, which is heard by the court on law and fact, the jury trial being waived. The plaintiff claims the land in suit, as a purchaser at an execution sale, and produces in evidence, in support of his title (besides other testimony), the execution with the officer’s return thereon. The return, however, does not show an advertisement of the sale published for three weeks previous to the sale, as required by Rev. St. ch. 195, § 11; and the plaintiff offers to prove a compliance with the statute by evidence aliunde, though he claims that the return is…
2Cases cited5 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Metcalf v. GilletSupreme Court of Connecticut · 1824
- Sleeper v. Trustees of Newbury SeminarySupreme Court of Vermont · 1847
- Cleveland v. AllenSupreme Court of Vermont · 1832
- Bissell v. NooneySupreme Court of Connecticut · 1866