Watson v. Watson
Supreme Court of Connecticut
This was an, action of ejectment, tried at Hartford, February term, 1827, before, Hosmer, Ch. J. The plaintiffs claimed title to the demanded premises, as devisees of John Watson, deceased, by the levy of certain executions in favour of the devisor against the defendant.
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This was an, action of ejectment, tried at Hartford, February term, 1827, before, Hosmer, Ch. J. The plaintiffs claimed title to the demanded premises, as devisees of John Watson, deceased, by the levy of certain executions in favour of the devisor against the defendant. These executions were levied by Titus L. Bissell, a deputy of the sheriff of Hartford county, who returned upon them, that he had set off the land in question, and that the appraisers were mutually agreed on, by the creditor and the debtor. The defendant claimed, that the return of the deputy sheriff was false and fraudulent;…
1Opinion of the Court
Hosmer, Ch. J.
The jury, on the legal presumption that they exercised their jurisdiction soundly, must necessarily have found, that the return of the officer was untrue; that the defendant refused to choose an appraiser; and that, without his *337assent or concurrence, the appraisers were exclusively appointed by the creditor.
Whether the testimony adduced by the defendant, was competent, and if so, sufficient to invalidate the return on the executions, are the only questions presented by the motion.
It is a general rule of the English common law, that the return of a sheriff on an execution, except…
2Cases cited3 opinions
- Slayton v. Inhabitants of ChesterMassachusetts Supreme Judicial Court · 1808
- Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
- Metcalf v. GilletSupreme Court of Connecticut · 1824
3Cited by18 opinions
- Stewart v. StewartWest Virginia Supreme Court · 1885
- Smoot v. JuddSupreme Court of Missouri · 1904
- Splahn v. GillespieIndiana Supreme Court · 1874
- Bond v. WilsonSupreme Court of Kansas · 1871
- Goddard v. HarbourSupreme Court of Kansas · 1896
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