Swift v. Dean
Supreme Court of Vermont
Ejectment. Plea general issue, and trial by jury. The plaintiff claimed title to the premises by virtue of a deed, dated June 13, 1834, from Noah Smith, who derived his title under a levy, on the 11th of June, 1834, of an execution in his favor, against Thomas Dunton and Christopher W. Fenton.
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Ejectment. Plea general issue, and trial by jury. The plaintiff claimed title to the premises by virtue of a deed, dated June 13, 1834, from Noah Smith, who derived his title under a levy, on the 11th of June, 1834, of an execution in his favor, against Thomas Dunton and Christopher W. Fenton. The premises were described in the levy as being incumbered by four several mortgages, the amouht of ■ which was not stated, and a portion of the whole land mortgaged appraised and set off by metes and bounds, subject to said mortgages. The defendants were in possession at the date of the plaintiff’s…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
In this case the plaintiff relied upon the levy of an execudon in favor of Noah Smith v. Dunton & Fenton as the basis of his title to the premises sued for.— That levy was, by the court below, decided to be wholly vbid, and there is no doubt the decision was sound. The levy of an execution upon-the equity of redemption in mortgaged premises, if upon any portion less than the whole, must be upon an aliquot proportion of the whole, and not upon a part described by metes and bounds. Collins v. Gibson, 5 Vt. R. 243 Smith v. Benson, 9 Vt. R. 138.
2Cited by9 opinions
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