Benedict v. Heineberg
Supreme Court of Vermont
Action of ejectment, which was referred and the referee reported as follows : This action, is ejectment for the recovery of a tract of land lying in the city of Burlington, as per declaration. The land in controversy was formerly owned by the Vermont Central Railroad Company in fee. It constituted a part of the line of railroad from their depot on the wharf in said «city, up through the ravine (so called) to Essex Junction.
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Action of ejectment, which was referred and the referee reported as follows : This action, is ejectment for the recovery of a tract of land lying in the city of Burlington, as per declaration. The land in controversy was formerly owned by the Vermont Central Railroad Company in fee. It constituted a part of the line of railroad from their depot on the wharf in said «city, up through the ravine (so called) to Essex Junction. The defendant was in possession when the suit was commenced. Both parties claim title under the said railroad company,—the plaintiff, by virtue of the levy of an execution…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
Executions extended and levied upon real estate, with the return of the officer thereon, are to be returned into the office of the clerk of the court from which they issued, and are there to be recorded. Gen. St., ch. 47, § 23. Before being returned into that office, such executions with the officer’s return are to be recorded in the town clerk’s office of the town in which the land levied upon is situated. Ib. It is the officer’s duty, in making and perfecting the levy, to cause such execution, and the return showing that he has made such…
2Cases cited1 opinion
- Hubbard v. DeweySupreme Court of Vermont · 1827
3Cited by4 opinions
- Willard v. PikeSupreme Court of Vermont · 1886
- Beattie v. Carolina Central RailroadSupreme Court of North Carolina · 1891
- Gardner v. Mobile & Northwestern RailroadSupreme Court of Alabama · 1893
- State v. DaweIdaho Supreme Court · 1918