Parish v. Harriman
Superior Court of New Hampshire
This was a writ of entry tried here, upon the general issue, at May term, 1825. The demandant claimed to hold the land by virtue of an extent of an execution upon the demanded premises, and showed, in evidence, a judgment in his own favor against David Burnham-, rendered in the common pleas, in Strafford county, January term, 1820, an execution issued upon the judgment, and an extent of the exe* cution upon the land, as the estate of Burnham, The sheriff, in his return of…
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This was a writ of entry tried here, upon the general issue, at May term, 1825. The demandant claimed to hold the land by virtue of an extent of an execution upon the demanded premises, and showed, in evidence, a judgment in his own favor against David Burnham-, rendered in the common pleas, in Strafford county, January term, 1820, an execution issued upon the judgment, and an extent of the exe* cution upon the land, as the estate of Burnham, The sheriff, in his return of the extent, stated that “ David Burnham, “ the debtor, having gone to parts unknown, so that since “ judgment he could not…
1Opinion of the Court
By the court....
The statute, entitled u an Set subjecting “ lands, and tenements, to the payment of debts, and direct- “ ing the mode of levying executions on teal and personal es- “ date,” enacts, u that the creditor shall deliver his execu- “ tion to the sheriff, &c. who shall cause three appraisers a to be chosen, one by the creditor or creditors, another by “ the debtor or debtors, if he or they so please, and the third “ by the sheriff. And in all cases where the debtor shall, “ on due notice, neglect or refuse to choose an appraiser, “ the officer shall appoint one for such debtor or…
2Cited by2 opinions
- Crane v. HardyMichigan Supreme Court · 1848
- Cooper v. BisbeeSuperior Court of New Hampshire · 1828