Eastman v. Curtis
Supreme Court of Vermont
This was an action of ejectment for land in St. Albans. Plea, not guilty^and issue to the court. It was admitted on trial,that the title to ¡the land demanded was in the plaintiff,and that he had a right to recover, unless he had'been divested of his title by virtue ofthe levyof an execution in favor of Robert Peaslee, administrator of Zacheus Peaslee, against Silas Hathaway, Erastus Hathaway, Levi Hathaway, James Brown, and the plaintiff, under which the defendant •claimed…
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This was an action of ejectment for land in St. Albans. Plea, not guilty^and issue to the court. It was admitted on trial,that the title to ¡the land demanded was in the plaintiff,and that he had a right to recover, unless he had'been divested of his title by virtue ofthe levyof an execution in favor of Robert Peaslee, administrator of Zacheus Peaslee, against Silas Hathaway, Erastus Hathaway, Levi Hathaway, James Brown, and the plaintiff, under which the defendant •claimed the right of possession. The defendant produced in-evidence the record of the judgement on which the execution issued,…
1Opinion of the Court
After argument,
Williams, J.,
delivered the opinion of the Court. — This is an action of ejectment to recover the title and possession of land which was taken from the plaintiff by the levy oí an execution on the 9th of November, in the year 1818. It is admitted that the title is in the plaintiff, unless he was divested of it by that levy. Several objections have been taken to the judgement and levy, which the plaintiff says show that the levy was void. It is to be remarked in the outset, that the levy of the execution on the land in question extinguishes so much of the plaintiff’s debt as the…
2Cases cited1 opinion
- Galusha v. SinclearSupreme Court of Vermont · 1831
3Cited by18 opinions
- Wells v. State ex rel. PedenIndiana Supreme Court · 1911
- Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
- Huey v. Van WieWisconsin Supreme Court · 1869
- Miller v. AlexanderTexas Supreme Court · 1855
- First Nat. Bank of Mill Creek v. EllisSupreme Court of Oklahoma · 1911
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