Norton v. Pettibone
Supreme Court of Connecticut
This was an action of ejectment, for four pieces of land in Burlington ; tried at Hartford, September term, 1827, before Daggett, J. The plaintiff claimed title to the demanded premises, by virtue of the levy of an execution in his favour against Alva Marks, made on the 11th of March, 1825. The piece of land first described in the declaration, containing four acres, was owned by Marks in fee ; and in the others his interest was that of a tenant in common.
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This was an action of ejectment, for four pieces of land in Burlington ; tried at Hartford, September term, 1827, before Daggett, J. The plaintiff claimed title to the demanded premises, by virtue of the levy of an execution in his favour against Alva Marks, made on the 11th of March, 1825. The piece of land first described in the declaration, containing four acres, was owned by Marks in fee ; and in the others his interest was that of a tenant in common. A copy of the execution, with the return of the officer thereon, was offered in evidence. It was objected to, on the ground that by this…
1Opinion of the CourtDaggett, J.
On looking into the act of the General Assembly, passed in May, 1825, (subsequent to this levy) to confirm levies of executions on real estate, it is found, that the defect in the levy, if it be one, is cured by that act. That this act is constitutional, and therefore of binding authority, was expressly decided, by this Court, in the case of Mather v. Chapman & al. 6 Conn. Rep. 54. The objection is, therefore, properly abandoned, by the counsel, upon its appearing that the defect was embraced and cured by the act in question.
Another objection, however, is made, which will now be considered.…
2Cases cited2 opinions
- Beers v. HawleySupreme Court of Connecticut · 1818
- Mather v. ChapmanSupreme Court of Connecticut · 1825
3Cited by13 opinions
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- Merwin v. MorrisSupreme Court of Connecticut · 1899
- Booth v. BoothSupreme Court of Connecticut · 1829
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