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Marcy v. Russ

Connecticut Superior Court

Decided March 15, 1790

Connecticut Superior Court · decided 1790-03-15

ActioN of ejectment. Plea not guilty. Issue to the court. Plaintiff’s title, the levy of an execution against Major Dana, upon this land as his, in December, A. D. 1788.

Decided 1790-03-15

¶1And

by the Court.

¶2The bond with surety which is to be lodged with the clerk upon taking out execution on a judgment by default, against an absentee, is altogether in favor and for the security of the debtor, provided he returns into the state and seeks redress within a twelve month; but the creditors of such absentee cannot take advantage of it, the execution and levy therefore, are good and valid, as to all other persons besides the debtor.

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