Cowles v. Bacon
Supreme Court of Connecticut
This was an action of debt, on a judgment of the county court for the county of Hartford, rendered in March, 1821, for 206 dollars, 39 cents, damages, and 14 dollars, 40 cents, costs of suit.
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This was an action of debt, on a judgment of the county court for the county of Hartford, rendered in March, 1821, for 206 dollars, 39 cents, damages, and 14 dollars, 40 cents, costs of suit. The defendant pleaded the general issue, with notice of special matter to be given in evidence, viz. that Gad Cowles, the creditor, obtained an execution on the judgment mentioned in the declaration, and had it duly levied upon the right, title and interest of the defendant in a parcel of land in Simsbury, it being his life estate therein, in right of his wife, and the same appraised and set off to him,…
1Opinion of the CourtStorrs, J.
1. The first question presented on this motion is, whether the plaintiff’s testator is to be deemed to have obtained satisfaction of the judgment on which this action is brought, by the levy and set-off of land upon the execution issued on that judgment, if there was an entire failure of title in the defendant to that land, and said testator therefore got nothing by the levy and set-off.
It was anciently an established principle of the common law of England, that an extent upon the land of the defendant, returned and filed of record, is a full satisfaction and end of the suit; and therefore,…
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