Searle v. Preston
Supreme Judicial Court of Maine
On Report. Writ op entry for a twenty-eight acre lot of land. One Withee owned it in 1837, and then conveyed it by a deed under which the demandant holds. Two days, however, before that conveyance the tenant attached all Withee’s land lying within the county, by virtue of a writ, in which the ad damnum was set at $150, and the officer was commanded to attach property to the same amount. That action was pending nearly ten years.
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On Report. Writ op entry for a twenty-eight acre lot of land. One Withee owned it in 1837, and then conveyed it by a deed under which the demandant holds. Two days, however, before that conveyance the tenant attached all Withee’s land lying within the county, by virtue of a writ, in which the ad damnum was set at $150, and the officer was commanded to attach property to the same amount. That action was pending nearly ten years. Judgment was recovered in 1847 against Withee for $125,43, debt, and $25,49, costs, making 92 cents more than the officer was commanded to attach. Upon the execution…
1Opinion of the CourtHoward, J.
— Withee was owner of the premises, and the parties claim title from him ; the tenant by attachment and levy, and the demandant by deed subsequent to the attachment. The officer, serving the writ, was commanded to attach goods and estate to the value of one hundred and fifty dollars only. Judgment was rendered for the plaintiff in that suit, about ten years after its commencement, for $125,43, debt, and $25,49, costs. The levy was for $164,29, including the costs of the extent.
It is contended by the demandant, that the judgment was rendered for an amount greater than the ad damnum in the…
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