Beach v. Walker
Supreme Court of Connecticut
This was an action of ejectment, tried at Fairfield, December term, 1825, before Hesmer, Ch. J. The plaintiffs claimed title to the demanded premises, by virtue of the levy of an execution in their favour against the defendant; and it was admitted, that the plaintiffs acquired a good title, unless the levy was void, by reason of the fees and charges of the officer endorsed on the execution. The exceptionable items were the following: “Demand, 12 cts. Levy, 12 cts.
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This was an action of ejectment, tried at Fairfield, December term, 1825, before Hesmer, Ch. J. The plaintiffs claimed title to the demanded premises, by virtue of the levy of an execution in their favour against the defendant; and it was admitted, that the plaintiffs acquired a good title, unless the levy was void, by reason of the fees and charges of the officer endorsed on the execution. The exceptionable items were the following: “Demand, 12 cts. Levy, 12 cts. Time spent in setting bounds, 1 doll. Town-clerk’s fees for recording, 1 doll.” No evidence was offered to shew, that these items…
1Opinion of the Court
Hosmer, Ch. J.
The charge to the jury, unquestionably, was correct. The fees of the officer, considered exceptionable by the judge, the law did not authorize, and the levy of the execution being an indivisible act, operating as an entire conveyance of the land set off, if it operate at all, and taking the estate of an individual against his consent, and without the authority of law, was utterly void. It was so, on this undoubted principle ; that an act in part legal, but tainted in part with illegality, from the impossibility of separation, and the necessity of the case, is without legal…
2Cases cited2 opinions
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