Hopkins v. Hayward
Supreme Court of Vermont
Audita Querela. The declaration is sufficiently set forth in the opinion of the court. The defendant demurred to the declaration, and the county court at the September term, 1860, Aldis, J., presiding, adjudged the declaration insufficient, to which the plaintiff excepted.
1Opinion of the CourtPeck, J.
This is an audita querela to vacate and set aside a levy of an execution in favor of the defendant, Hayward, against the plaintiff, Hopkins, levied on the real estate of the said Hopkins. The question is as to the sufficiency oí the declaration ; the county court having decided on general demurrer, that the declaration was insufficient.
The declaration alleges that Hopkins owned an undivided half of the premises, which undivided half the appraisers on the execution appraised at $1875, and that the officer eet off one undivided third of such undivided half, subject to a mortgage on this…
2Cases cited1 opinion
- Bell v. RobertsSupreme Court of Vermont · 1841
3Cited by3 opinions
- Handley v. MoburgAppellate Court of Illinois · 1932
- Fairbanks v. DevereauxSupreme Court of Vermont · 1876
- Parker v. ParkerSupreme Court of Vermont · 1882