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22 Vt. 199

Warren v. Edgerton

Supreme Court of Vermont

Decided January 15, 1850

Supreme Court of Vermont · decided 1850-01-15

Trespass or} the Case. The plaintiff alleged in the first count in his declaration, that on the seventeenth day of February, 1847, he purchased of Addison Buck certain land in Pittsford, which was then under attachment in a suit in favor of Holbrook, Carter & Co. against said Buck, Blanchard Rand and Germain F. Hendee; that judgment was rendered in said suit against all the defendants therein, and execution issued, which was delivered, for service, to the defendant Edgerton,…

Decided 1850-01-15

¶1The opinion of the court was delivered by

Redfield, J.

¶2We think, each debtor in execution is to be regarded as liable for the whole debt, in solido; and the officer having the execution to levy is not bound to regard any equities subsisting between the debtors themselves, or between the debtors and their other creditors. Whether there be any mode, in which such equities can be reached, is not necessary now to be determined.

¶3It is obvious to us, that to hold that one execution debtor might turn out the personal property of his co-debtor, afld might, upon giving indemnity, require the officer to levy the entire amount of the execution upon such property, while other debtors might, with the same pertinacity, be pressing counter commands upon the officer, would lead to inextricable embarrassment, if the officer were disposed to perform his duty, and would, in every way, be liable to the greatest abuses, Judgment affirmed.

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