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1 N.J.L. 306

Read v. Stevens

Supreme Court of New Jersey

Decided April 15, 1795

Supreme Court of New Jersey · decided 1795-04-15

In this ease it appeared that about twenty years previous, near the commencement of the Revolution, Read obtained judgment in the Supreme Court against Stevens, in an action of debt, for a large sum of money, and issued a fi. fa., directed to Barns, the then sheriff of the county of Hunterdon, who, by virtue of the writ, levied upon a plantation belonging to Stevens, and returned the seizure upon the fi.fa. Barns soon after joined the British troops on Long Island and died.

Decided 1795-04-15

¶1In delivering the opinion of the court, Kinsey, C. J., said that executions were favored by the law. 6 Mod. 298, Clerk v. Withers. It must be ended by the person who begins it. 1 Burr. 34, Cooper and al. v. Chitty. By the seizure, an officer gains such a property as that he may maintain trover against the former owner or other person. Vent. 52. The title of the defendant is thereby absolutely divested. 6 Mod. 294; Salk. 323; 2 Saund. 343, Mildmay v. Smith. A venditioni or distringas does not give any new authority. 6 Mod. 294; 2 Ld. Ray. 1074. By the seizure, the defendant is absolutely discharged from the debt. He may plead it to a *308sci. fa., or to an action on the judgment, and a second fi. fa. cannot issue after a seizure. 2 Ld. Ray. 1075 ; Cro. El. 391; Gilb. Ex. 25; Moor. 468. And this is so whether the sheriff pays the money or not.

¶2Rule absolute. (a)

¶3,) See 1 Bl. Rep. 69, in addition to the foregoing authorities.

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