Dutton v. Simmons
Supreme Judicial Court of Maine
On report. Beal action. Both parties claimed through Henry P. Hawkins ; the plaintiff, directly by deed; the defendant by a deed from Bradstreet M. Hawkins, levying judgment creditor of Henry P. The levy, if all proceedings were regular, gave the earlier title.
Read the full summary
On report. Beal action. Both parties claimed through Henry P. Hawkins ; the plaintiff, directly by deed; the defendant by a deed from Bradstreet M. Hawkins, levying judgment creditor of Henry P. The levy, if all proceedings were regular, gave the earlier title. The officer’s return upon the back of the writ, Bradstreet M. Hawkins v. Henry P. Hawkins, showed an attachment of the real estate of the defendant seasonably made, the parties correctly described, and the return required by B. S., c. 81, § 56, to the registry; but the plaintiff, against the defendant’s objection, put in a copy of the…
1Opinion of the CourtPeters, J.
Both parties claim title to the demanded premises through Henry P. Hawkins. The deed to the demandant was prior to the levy of the tenant, but subsequent to the attachment on which the levy was made. The demandant, however, claims that the attachment was defective, because in the return of the officer to the registry of deeds, the defendant in that suit was described as Henry “M.” Hawkins, when his true name was Henry “F.” Hawkins, by which latter name he was sued. The question is, therefore, whether the misdescription is such as to render the attachment void.
The “names of the parties” to the…
2Cases cited6 opinions
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1814
- Gardner v. HosmerMassachusetts Supreme Judicial Court · 1810
- Kelly v. LawsMassachusetts Supreme Judicial Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- D'Autremont v. Anderson Iron Co.Supreme Court of Minnesota · 1908
- Winter v. Casco Bank and Trust Co.Supreme Judicial Court of Maine · 1979
- Davis v. SteepsWisconsin Supreme Court · 1894
- Turk v. BensonNorth Dakota Supreme Court · 1915
- McDowell v. ParryOregon Supreme Court · 1904
7 more not listed; retrieve them via the Exa API.