Legal Opinion

Sleeper v. Trustees of Newbury Seminary

Supreme Court of Vermont

Decided March 15, 1847PublishedCited by 5 opinions

Ejectment for a dwelling house, with a shed attached, and the land whereon they stand, in Newbury. Plea, the general issue, and trial by jury, June Term, 1846, — Kellogg, J., presiding.

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Ejectment for a dwelling house, with a shed attached, and the land whereon they stand, in Newbury. Plea, the general issue, and trial by jury, June Term, 1846, — Kellogg, J., presiding. On trial the plaintiff offered in evidence an alias execution, which issued upon a judgment duly rendered in his favor against one Timothy Morse, and the officer’s return thereon, showing that the execution was levied upon three undivided fourth parts of the premises described in the declaration. It appeared from the return, that the execution debtor was the owner of the entire estate in fee; but it did not…

1Opinion of the Court

The opinion of the court was delivered by

Hall, J.

The only question in the case is, whether the levy of the execution upon an undivided portion of the land is valid to pass the estate 1

It appears from the returns, that the debtor was the owner in fee of the whole of the house, shed and land levied upon. In such case the statute contemplates [Rev. St. chap. 42, § 20] that the officer shall, in general, se.t off the land levied upon by metes and bounds, and not an undivided portion of it. But the legislature suppose, that cases may occur, in which a setting off by metes and bounds would prove…

2Cited by5 opinions

  1. Doe ex dem. Cooper v. HarterIndiana Supreme Court · 1850
  2. Castner & Hinckley v. SymondsSupreme Court of Minnesota · 1858
  3. Edwards v. AllenSupreme Court of Vermont · 1855
  4. Morgan v. ArmingtonSupreme Court of Vermont · 1860
  5. Wilcox v. EmersonSupreme Court of Rhode Island · 1872

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