Ladd v. Blunt
Massachusetts Supreme Judicial Court
Debt on a judgment in favor of the plaintiff against the defendant, rendered in the Court of Common Pleas for this county, June term, 1801. The defendant pleads, 1. Nul tiel record, on which issue is joined to the Court. 2. In bar that the plaintiff sued out his writ of execution upon the said judgment, and caused it to be levied on the defendant’s land, in full satisfaction of the same, as by the officer’s return on said execution may fully appear.
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Debt on a judgment in favor of the plaintiff against the defendant, rendered in the Court of Common Pleas for this county, June term, 1801. The defendant pleads, 1. Nul tiel record, on which issue is joined to the Court. 2. In bar that the plaintiff sued out his writ of execution upon the said judgment, and caused it to be levied on the defendant’s land, in full satisfaction of the same, as by the officer’s return on said execution may fully appear. To the second plea the plaintiff replies that “ there is no such record of the return on said execution of the levy on real estate of said Blunt,…
1Opinion of the Court
The opinion of the Court was delivered to the following effect, by
Parsons, C. J.
The action is debt on a judgment. The defendant has pleaded two pleas.
His first plea is nul tiel record of the judgment, on which issue is joined to the Court. On inspecting an attested copy of the record, we are satisfied that there is such a record. We never direct the record of the Court of Common Pleas to be sent us on the trial of an issue of nul tiel record, but receive copies of their records, attested by the clerk, in evidence, which, by immemorial usage, is held to be evidence of the record. Indeed, upon…
2Cited by40 opinions
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