Swift v. Guild
Supreme Judicial Court of Maine
On Exceptions by Dependant. Forcible entry and detainer against defendant as disseizor. Plea, general issue with brief statement of title in defendant.
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On Exceptions by Dependant. Forcible entry and detainer against defendant as disseizor. Plea, general issue with brief statement of title in defendant. It was admitted that tbe defendant was the original owner in fee of the land described in the writ, and that she has lawful title thereto, unless the evidence in this case shows that she has parted with the same. / The court ruled that the proceedings upon the execution were sufficient in law to pass the title from defendant to plaintiff’s grantor, and that therefore the plaintiff should recover. To this ruling the defendant excepted. The case…
1Opinion of the CourtSteout, J.
The contention is whether the sale of the land in controversy on execution, by the officer, was valid and sufficient to vest the title in plaintiff’s grantor.
Sales by an officer are in invitum, and his return must show compliance with the statute requirements. Here the officer returns that he seized the land on February 21,1893, and on the same day posted the required notices and within the time limited by statute advertised notice of sale, and sold the property on April 8, 1893; but his return does not show that within five days after the seizure he filed in the registry of deeds, “ an…
2Cited by1 opinion
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