Thayer v. Mayo
Supreme Judicial Court of Maine
On Facts agreed. Debt on judgment. The defence was, that an execution, issued on the judgment, had been satisfied by a levy of real estate. On the other hand, it was contended that the supposed levy was defective and void.
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On Facts agreed. Debt on judgment. The defence was, that an execution, issued on the judgment, had been satisfied by a levy of real estate. On the other hand, it was contended that the supposed levy was defective and void. The appraisers’ return, so far as material to this point, was as follows: — “Having viewed the following lands and tenements, to wit, one undivided twenty-first part of that parcel of land, situate in Frankfort in the county of Waldo, known as the Frankfort Granite Quarry, conveyed by, &c. ; intending to set off one undivided twenty-first part of the whole of said land,…
1Opinion of the Court
The opinion of the Court, Shepley, C. J., Wells, Rice and Appleton, J. J., was drawn up by
Rice, J.
This is an action of debt on judgment. The question presented for consideration, is whether that judgment has been satisfied by a levy, made Dec. 9, 1848.
*142Against the validity of that levy two objections are urged : First, that the description is uncertain and defective. Second, that the land taken exceeded in value the amount of the execution and fees. The land levied upon was held in common by the debtor with others. In such cases the statute, chap 94, $ 11, provides, that the whole estate must…
2Cited by1 opinion
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