Mather v. Chapman
Supreme Court of Connecticut
This was an action of ejectment for three fourths of a certain grist-mill, and the whole of certain oakum works, in Haddam.
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This was an action of ejectment for three fourths of a certain grist-mill, and the whole of certain oakum works, in Haddam. The cause was tried at Middletown, February term 1825, before Hosmer, Ch. J. The plaintiff claimed title to the demanded premises, by virtue of the levy of an execution in his favour, against Sylvester Chapman, one of the defendants, in December, 1823. That part of the officer’s return, which became material in this case, was as follows: “The creditor, by his attorney, Elijah Hubbard, Esq. appointed John Brainard, and the debtor Sylvester Chapman, neglecting to appoint…
1Opinion of the Court
Hosmer, Ch. J.
The land taken on execution, by the statute, (p. 57.) is to be appraised by freeholders of the town where it lies; and if the parties neglect, or do not agree on the appointment, the third appraiser (the law requiring three) is to be appointed, by any justice of the same town. The omission of the sheriff to certify this fact, as his return is the only evidence of title, vitiated the levy.
After the determination of the case in the superior court, and the reservation of a motion for a new trial, to this Court, for the revision of it, the General Assembly, at their session in May,…
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