Gilson v. Parkhurst
Supreme Court of Vermont
This case was tried at the May Term, 1880, Barrett, J., presiding. It was an action of ejectment for premises in Cavendish. Trial by the court. Plea, general issue. The plaintiff introduced a copy of record of a judgment in favor of plaintiff’s intestate, Josiah Gilson, against defendant, and an execution issued thereon dated 21st day of August, 1878, and the levy of the same execution on the homestead premises of defendant, and the same sued for in this action.
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This case was tried at the May Term, 1880, Barrett, J., presiding. It was an action of ejectment for premises in Cavendish. Trial by the court. Plea, general issue. The plaintiff introduced a copy of record of a judgment in favor of plaintiff’s intestate, Josiah Gilson, against defendant, and an execution issued thereon dated 21st day of August, 1878, and the levy of the same execution on the homestead premises of defendant, and the same sued for in this action. And also a deed from T. O. Seaver to defendant, conveying the premises in question with other premises, which deed was dated…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The plaintiff claimed title to the premises described in his declaration under the levy of an execution in favor of his intestate and against the defendant. The first objection made to the validity of the levy was, that it was not returned into the office of the clerk of the court from whence it issued during its' life. As evidence that it was so returned, the plaintiff relied upon the return made by the officer upon the execution. That the return of an officer upon an execution is legal evidence of everything therein recited which is within…
2Cases cited3 opinions
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