Phelps v. Parks
Supreme Court of Vermont
This was an aelion of ejectment, in which the plaintiff claimed title to the premises demanded by virtue of the levy of an execution in favor of lite plaintiff against Joseph Phelps, jr., issued on a judgement rendered in Grand Isle county court, April term, A. D. 1828, for the sum of fifteen hundred dollars damages, and costs taxed at twenty nine dollars and fifty-five cents. It appeared that the judgement was rendered on default, the defendant being gone to parts unknown.
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This was an aelion of ejectment, in which the plaintiff claimed title to the premises demanded by virtue of the levy of an execution in favor of lite plaintiff against Joseph Phelps, jr., issued on a judgement rendered in Grand Isle county court, April term, A. D. 1828, for the sum of fifteen hundred dollars damages, and costs taxed at twenty nine dollars and fifty-five cents. It appeared that the judgement was rendered on default, the defendant being gone to parts unknown. On trial the defendant’s counsel objected to the admission in evidence of the record of the execution and levy, without…
1Opinion of the Court
After argument, the opinion of the Court was delivered by,
Williams, J.
In this action the plaintiff claims title under the levy of an execution in his favor against Joseph Phelps, jr. The defendant shows no title; but attempts to impeach the judgement and execution under which the plaintiff claims.
The judgement, on examination of the files and records in the clerk’s office, appears to be in every respect regular, and is not liable to any of the objections which have been taken, to wit, that *489the auditors had not notified the parties of the time and place 1 1 when they should hear, examine and…
2Cases cited3 opinions
- Johnson v. HarveyMassachusetts Supreme Judicial Court · 1808
- Young v. ShawSupreme Court of Vermont · 1814
- Marcy v. RussConnecticut Superior Court · 1790
3Cited by4 opinions
- James R. Hill & Co. v. WarrenSupreme Court of Vermont · 1881
- Perry v. WhippleSupreme Court of Vermont · 1865
- State v. O'KeefeNevada Supreme Court · 1910
- Jackson v. ToddSupreme Court of New Jersey · 1855