11 Vt. 248 | Vt. | 1839
The opinion of the court was delivered by
It is evident from the declaration that the plaintiff is not entitled to an alias execution. So far as the declaration is concerned, it would seem that the execution was levied upon the entire interest of the mortgagor; if so, the levy is correct and sufficient to pass the title.
It is, indeed, urged in argument and copies of the deeds are offered to be read to this court, showing that the mortgages extended over a greater extent of land than that included in the officer’s return, and that the officer set off part of the premises, described by metes and bounds, sufficient to satisfy the mortgage and execution. This would be clearly informal and void. The mortgagee could not be required to restrict his claim to a portion of his security to accommodate either the mortgagor or a levying creditor. It has been settled in this state, by more than one decision of
Judgment affirmed.