Edwards v. Allen
Supreme Court of Vermont
Levy of execution on an undivided portion of the debtor’s real estate. Ejectment for parts of a certain piece of land in Pawlet, Plea, the general issue; trial by jury, September Term, 1854, — . Pierpoint, J., presiding.
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Levy of execution on an undivided portion of the debtor’s real estate. Ejectment for parts of a certain piece of land in Pawlet, Plea, the general issue; trial by jury, September Term, 1854, — . Pierpoint, J., presiding. The only olaim to the premises which the plaintiffs attempted to show, was derived from the levy of an execution in their favor, against the Pawlet Manufacturing Corn-» pany, upon the real estate of Elisha Allen, who, they claimed, was a member and stockholder of said company. It appeared from the return of the levying officer that he levied the execution upon the premises…
1Opinion of the Court
The opinion of the court was delivered, at the circuit session, in September, by
Bennett, J.
The present case may well be disposed of, upon one single point, even though it should be assumed that the real estate of Elisha Allen was liable to be levied upon to satisfy the execution against the company without any embarrassment arising under the homestead lazo, as it is called. The execution is levied upon an undivided portion of a piece of land, which Allen is described as owning in fee, and no reasons are given, in the officer’s return, why it was so levied. In the case of Sleeper v. Newbury…
2Cases cited1 opinion
- Sleeper v. Trustees of Newbury SeminarySupreme Court of Vermont · 1847