Hyde v. Taylor
Supreme Court of Vermont
This was a petition to the supreme court to vacate the levy of an' execution, in favor of the plaintiff against the defendants, upon land of the defendant Taylor, and was founded upon the Revised Statutes, chapter 42, section 43. It appeared, that the execution in question was placed by the plaintiff in the hands of one Noyes, constable of Hydepark, with- directions to levy it upon certain land, subject to a mortgage, in which Taylor had a life estate, and that the officer…
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This was a petition to the supreme court to vacate the levy of an' execution, in favor of the plaintiff against the defendants, upon land of the defendant Taylor, and was founded upon the Revised Statutes, chapter 42, section 43. It appeared, that the execution in question was placed by the plaintiff in the hands of one Noyes, constable of Hydepark, with- directions to levy it upon certain land, subject to a mortgage, in which Taylor had a life estate, and that the officer attempted to levy upon the life estate, but, by mistake, the appraisers appraised the fee simple, and ascertained the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The words of the statute, under which this proceeding is had, are, that when the levy shall be “ irregular, informal, or not according to the strict rules of law, so that the title shall -be doubtful,” this application may be made to this court, and the SfeVy -be vacated, or affirmed, as the case may require, upon hearing.
It is claimed, that the present remedy is confined to those defects, Which arq apparent upon the face of the levy. But we think not. :’Sucli clearly is not the language of the statute. That is extensive enough to reach…
2Cases cited1 opinion
- Administrators of Royce v. StrongSupreme Court of Vermont · 1839
3Cited by4 opinions
- Lindley v. KelleyIndiana Supreme Court · 1873
- Pratt v. JonesSupreme Court of Vermont · 1850
- Briggs v. GreenSupreme Court of Vermont · 1861
- Parker v. ParkerSupreme Court of Vermont · 1882