A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1835 Excerpt: ...to a single satisfaction. that are When separate actions for a joint trespass are brought, the i3I10 bar to party may have separate recoveries, and but one satisfaction; '"J0 and elect de melioribus damnis, and issue his execution accord-other, ingly; but, having made his election he is concluded by it: but the plaintiff is entitled to costs in all the suits. 20. Morgan V. Chester, 4 Conn. Rep. 387. The decision in this case is opposed to the doctrine, that the onlTM10. No. 17 and party sueing the deputy cannot resort to the sheriff, as laid in is. Pickering. 21. Gregg V. Bigham, 1 Hill's So. Car. Rep. 299, ( 1833, June, ) M'elwee V. Sutton, 2 Bailey, 361. "Where a judgment constitutes a part of the plaintiff's title, Whereo, i-i i t plaintiff's the defendant may show that it is fraudulent and void, unless he title is un is estopped from so doing by reason of being a party or privy. jdgheriff Thus, where certain negroes had been purchased by the plain-ment, and tiff, under fraudulent judgments in his favor, but, at the same mentis6 time, were levied upon by an execution of another creditor, it good and 'I, . i i the otner was referred to the other execution; and held to be good, al-fraudulent, though, if it had been levied under the plaintiff's execution bhee5ppf alone, it might have been void. The court observed, that the ed if the defendant was a stranger to the judgments, and, therefore, con-ednoadvaa eluded by nothing in them. Whatever will avoid them he may t-s from J o J tilc latter. shew; for they are but prima facie evidence of what they purport, as part of the plaintiff's title, but no more. It is clear, that the judgment of the plaintiff against his mother, so far as he sets them up for the purpose of acquiring title to his m...