60 Me. 205
Supreme Judicial Court of Maine
Decided July 1, 1872
Supreme Judicial Court of Maine · decided 1872-07-01
On report. Trespass for taking and carrying away personal property of the plaintiff, value $76.75. The defendant justified the taking as a deputy-sheriff, having seized the property as belonging to the plaintiff and sold it by virtue of an execution issued upon a judgment recovered in favor of one Eaton against the plaintiff. The writ, judgment, and execution and officer’s return on the execution were introduced subject to objection.
Decided 1872-07-01
¶1Without considering the other alleged infirmities in the defense, we think that the omission of the officer to give notice of the several adjournments of the sale is fatal. Failing to comply with the requirements of R. S., c. 84, §§ 4, 5, the officer became a trespasser ah initio.
¶2Judgment for plaintiff, for $76.75.