Strout v. Pennell
Supreme Judicial Court of Maine
ON REPORT. This was an action of the case against the defendant as sheriff for the,alleged misdoings of his deputy, in mating a false return of a levy. The writ was dated May 28, 1880, and the plea was not guilty. The facts are stated in the opinion.
1Opinion of the CourtPeters, J.
The ease is this : The town of Otisfield levied an execution upon land of Joseph S. Mayberry, situated in that town. The plaintiffs in the present action, had at the time of the levy a mortgage from Mayberry of the same land, the mortgage being subsequent in date to the attachment under which the levy was made. The levying officer returned that the appraisers were disinterested men. Neither of the appraisers lived in Otisfield, but it turns out that one or two of them owned real estate in the town, and another had at the time a suit against Mayberry, in which was an attachment against his…
2Cases cited8 opinions
- Hinman v. BordenNew York Supreme Court · 1833
- Rich v. BellMassachusetts Supreme Judicial Court · 1820
- Williams v. CheeseboroughSupreme Court of Connecticut · 1822
- Pierce v. StricklandU.S. Circuit Court for the District of Maine · 1842
- Tucker v. BradleySupreme Court of Connecticut · 1842
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