Legal Opinion

Camp v. Bates

Supreme Court of Connecticut

Decided July 15, 1838PublishedCited by 4 opinions

This was an action of ejectment; tried at Middletown, _ , , „ J rr . term, lado, before Huntington, J. On j.jie p]a¡ntjff; jn proof of his title to the demanded premises, offered in evidence an execution duly issued upon a judgment in his favour against the defendant, recovered before the superior court, on the first Tuesday of September, 1836, for the sum of 4187 dollars, 16 cents, damages, and 36 dollars, 17 cents, costs of suit, and the return of the officer thereon.

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This was an action of ejectment; tried at Middletown, _ , , „ J rr . term, lado, before Huntington, J. On j.jie p]a¡ntjff; jn proof of his title to the demanded premises, offered in evidence an execution duly issued upon a judgment in his favour against the defendant, recovered before the superior court, on the first Tuesday of September, 1836, for the sum of 4187 dollars, 16 cents, damages, and 36 dollars, 17 cents, costs of suit, and the return of the officer thereon. This execution and the officer’s return thereon, it was admitted, by the defendant, were, in all respects, correct and…

1Opinion of the CourtHuntington, J.

The levy of the execution, which was the evidence of the plaintiff’s title, is claimed to be void, on two grounds: that it embraces charges made by the officer, not authorized by law ; and that the conduct of the plaintiff, in stating to the appraisers that they had appraised one of the parcels of land, as he thought, too high, and requesting them to *5review and further consider their appraisal, and the act of the appraisers in subsequently reducing the amount of their appraisal, as set forth in the motion, were such as to invalidate the proceedings and prevent the acquisition of any title…

2Cases cited4 opinions

  1. Booth v. BoothSupreme Court of Connecticut · 1829
  2. Jackson v. BullochSupreme Court of Connecticut · 1837
  3. Bill v. PrattSupreme Court of Connecticut · 1823
  4. Burnham v. AikenSuperior Court of New Hampshire · 1833

3Cited by4 opinions

  1. Finley v. Territory of Oklahoma Ex Rel. KeysSupreme Court of Oklahoma · 1903
  2. Wedgwood v. BoydSupreme Court of Oklahoma · 1935
  3. Lumpkin v. First Nat. Bank & Trust Co.Supreme Court of Oklahoma · 1938
  4. In re Washington County Controller's Report, Pennsylvania Court of Common Pleas, Washington County1935

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