M'Lellan v. Whitney
Massachusetts Supreme Judicial Court
This action was debt on a judgment recovered in the year 1809. The defendant, in his plea in bar, admits a part of the debt to be due; and as to the residue, he sets forth a satisfaction by a levy on land then belonging to the debtor, averring seisin to have been delivered, and the execution with the doings thereon returned; and he makes a copy of *the execution and levy a part of his plea.
Read the full summary
This action was debt on a judgment recovered in the year 1809. The defendant, in his plea in bar, admits a part of the debt to be due; and as to the residue, he sets forth a satisfaction by a levy on land then belonging to the debtor, averring seisin to have been delivered, and the execution with the doings thereon returned; and he makes a copy of *the execution and levy a part of his plea. The proceedings upon the execution appear to have been in all respects conformed to the requirements of the law; except that, although they were all had on the 28th of September, 1809,- they were not…
1Opinion of the CourtParker, C. J.
The defect supposed to exist in this plea is, that there is no averment that the execution and the levy were recorded within three months after the levy, in the office of the register of deeds for the county wherein the land is situated ; and the question is, whether, without such averment, the plea amounts to a defence against the action.
Upon looking at the return of the officer, all the proceedings necessary to constitute a good levy according to the statute appear to have been had, except that the same were not entered in the registry of deeds until June, 1810, which was nine months,…
2Cases cited3 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Ladd v. BluntMassachusetts Supreme Judicial Court · 1808
- Tate v. AndersonMassachusetts Supreme Judicial Court · 1812
3Cited by7 opinions
- Round Mountain Lumber & Coal Co. v. BassTennessee Supreme Court · 1916
- Look v. NortonSupreme Judicial Court of Maine · 1866
- Slater v. RawsonMassachusetts Supreme Judicial Court · 1843
- Balch v. PatteeSupreme Judicial Court of Maine · 1854
- Stevens v. BachelderSupreme Judicial Court of Maine · 1848
2 more not listed; retrieve them via the Exa API.