Russell v. Brooks
Supreme Court of Vermont
Return of execution levied upon real estate. Ejectment. Ejectment for lot No. 76, in the 3d division of lands in Canaan. Plea, the general issue; trial by jury, January Term, 1855, — Poland, J., presiding.
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Return of execution levied upon real estate. Ejectment. Ejectment for lot No. 76, in the 3d division of lands in Canaan. Plea, the general issue; trial by jury, January Term, 1855, — Poland, J., presiding. It was proved and admitted that the plaintiff acquired a good title to the lot in question, by a deed- from Fernando C. Jacobs, on the 17th day of July, 1848, and that he had continued to be the owner thereof, unless lie had conveyed his title, by deed, to his father, Fletcher Russell, — which the defendant’s testimony tended to prove, and that the deed was founded upon a sufficient…
1Opinion of the Court
*642The opinion of the court was delivered by
Isham, J.
The execution in favor of Morrill against Fletcher Russell, though levied on the land in question within sixty days from its date, was not returned into the office of the county clerk from which it issued, until long after its return day. The same fact exists in relation to the execution in favor of Jacobs against Russell; that execution, though levied on these premises also, was not returned to the justice within its life. The defendant took possession of the premises in question under a title claimed to have been derived by those levies.…
2Cases cited3 opinions
- Morton v. EdwinSupreme Court of Vermont · 1846
- Downer v. HazenSupreme Court of Vermont · 1838
- Hall v. HallSupreme Court of Vermont · 1831
3Cited by3 opinions
- Perkins v. BloodSupreme Court of Vermont · 1863
- Perrin v. ReedSupreme Court of Vermont · 1860
- Little v. SleeperSupreme Court of Vermont · 1864