1 Conn. 470 | Conn. | 1816
The question is, whether the levy of an execution on land, and an appraisal as a fee-simple estate,
It has been insisted on for the defendant, that the estate or interest he had in the land has not been appraised ; and therefore the statute has not been pursued so as to vest a title in the plaintiff.
The execution was levied on the land in the usual form : and the land was appraised as an estate in fee. The defendant had a freehold estate he had an interest in the land. By appraising the whole estate, all his interest in the land was appraised. That there was a mistake in the quantity of his interest, so that a greater interest was appraised than he owned, can constitute no objection to the levy of the execution ; for all the interest of the defendant was appraised, and the maxim well applied, that omne majus continet in se minus. If a less interest had been appraised, the objection would have been valid.
Here the whole land was levied upon, and taken ; and this must comprehend any lesser interest, in the same manner as a deed of land as an estate in fee will comprehend any interest of the vendor in the land, however small.
I am of opinion that we ought not to advise a new trial.
In this opinion the other Judges severally concurred.
New trial not to be granted.
