Roop v. Johnson
Supreme Judicial Court of Maine
This was a writ of entry. The tenant claimed a part of the premises under one White, whose title thereto depended upon the validity of the levy of an execution in his favor thereon, as the property of Benjamin Johnson. The facts in relation to the Several objections appear in the opinion of the Court. His objections, to the title under the levy, are stated in the opinion of the Court. He cited Rev. Stat. c. 94, § 4, 5, 6, 7; 2 Mass. R. 154; 8 Mass.
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This was a writ of entry. The tenant claimed a part of the premises under one White, whose title thereto depended upon the validity of the levy of an execution in his favor thereon, as the property of Benjamin Johnson. The facts in relation to the Several objections appear in the opinion of the Court. His objections, to the title under the levy, are stated in the opinion of the Court. He cited Rev. Stat. c. 94, § 4, 5, 6, 7; 2 Mass. R. 154; 8 Mass. R. 284; 7 Greenl. 146; 12 Mass. R. 348; 14 Mass. R. 403 ; 17 Mass. R. 299; 11 Mass. R. 163; 16 Maine R. 209..
1Opinion of the Court
The opinion of the Court was by
Whitman C. J.
The defendant holds, and defends a part of the demanded premises under one Turrell White, who levied an execution thereon. If the levy was well made the de-fence, as to such part, is admitted to be good. But the plaintiff alleges it to be defective in several particulars. The first is, that Benjamin Johnson, the debtor in the execution, was not notified to select an appraiser; and the second is, that it is stated in the return of the officer that an appraiser was selected by the debtor’s agent, one Portious Johnson. These two objections may be-…
2Cited by1 opinion
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