Legal Opinion

Tate v. Anderson

Massachusetts Supreme Judicial Court

Decided May 15, 1812PublishedCited by 11 opinions

Debt on a judgment of this Court, October term, 1807, for 299 dollars 2 cents. The defendant pleads in bar that an execution duly issued on said judgment, and was delivered to a deputy sheriff of this county, who extended the same upon certain real estate, the property of the said Anderson, caused the same to be duly appraised, and delivered seisin and possession thereof to the judgment creditors, the present plaintiffs, who received seisin and possession thereof, in full…

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Debt on a judgment of this Court, October term, 1807, for 299 dollars 2 cents. The defendant pleads in bar that an execution duly issued on said judgment, and was delivered to a deputy sheriff of this county, who extended the same upon certain real estate, the property of the said Anderson, caused the same to be duly appraised, and delivered seisin and possession thereof to the judgment creditors, the present plaintiffs, who received seisin and possession thereof, in full satisfaction of the said execution, and the charges of levying the same. The plea then sets forth the execution, with the…

1Opinion of the Court

The opinion of the Court, the action being continued nisi for advisement, was delivered at an adjournment of the last March term in Suffolk, by

Parker, J.

This is debt on judgment, and the plea m bar specially sets forth a satisfaction, by alleging an execution issued *90upon the judgment, and a levy thereof upon an undivided portion of certain lands descended to the judgment debtor from his father, lying in Windham and Gray, in the county of Cumberland; into possession of which the plaintiffs were put by the sheriff, who re turned the execution satisfied. To this plea there is a demurrer, with…

2Cases cited1 opinion

  1. Boylston v. CarverMassachusetts Supreme Judicial Court · 1814

3Cited by11 opinions

  1. Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
  2. Bott v. BurnellMassachusetts Supreme Judicial Court · 1814
  3. M'Lellan v. WhitneyMassachusetts Supreme Judicial Court · 1818
  4. Townsend v. SmithTexas Supreme Court · 1857
  5. Howard v. DanielsSuperior Court of New Hampshire · 1819

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