Legal Opinion

Tudor v. Taylor

Supreme Court of Vermont

Decided July 1, 1853PublishedCited by 4 opinions

This was a petition brought to vacate a levy of an execution, which was issued on a judgment rendered by the Supreme Court, at the June Term, 1823. The levy was made in December, 1823, on land where the debtor had no title or interest. The facts in the case sufficiently appear in the opinion of the court. The judgment was rendered by this court in 1823, and execution was issued and levied upon land in possession of Horace .Hunter, and actually the property of Jabez Hunter.

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This was a petition brought to vacate a levy of an execution, which was issued on a judgment rendered by the Supreme Court, at the June Term, 1823. The levy was made in December, 1823, on land where the debtor had no title or interest. The facts in the case sufficiently appear in the opinion of the court. The judgment was rendered by this court in 1823, and execution was issued and levied upon land in possession of Horace .Hunter, and actually the property of Jabez Hunter. Possession was never taken by the creditors, under the levy, and it has always been held and retained by Hunter, and…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

This petition is brought to vacate the levy of an execution. The judgment was rendered in the Supreme Court at the June Term, 1823, and the execution levied on real estate in December, of that year. It is stated in the petition, that the premises, at the time of the attachment and levy, were in the possession of, and owned by Jabez Hunter; that they were never owned, and have never been in the possession of the debtor, or these creditors, since the levy; and that no benefit or advantage therefrom, has ever been or can be realized by them. We…

2Cases cited6 opinions

  1. Dimick v. BrooksSupreme Court of Vermont · 1849
  2. Swift v. DeanSupreme Court of Vermont · 1839
  3. Pratt v. JonesSupreme Court of Vermont · 1850
  4. Baxter v. TuckerSupreme Court of Vermont · 1815
  5. Hurlbut v. MayoSupreme Court of Vermont · 1824

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In Re the Estate of DelliganSupreme Court of Vermont · 1940
  2. Weaver v. GuyerIndiana Supreme Court · 1877
  3. Estes v. CookeSupreme Court of Rhode Island · 1877
  4. Gleason v. First Nat. Bank of LapeerU.S. Circuit Court for the District of Eastern Michigan · 1882

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