Portland gazette and Maine advertiser., 1809-10-16
FOR THE GAZETTE.

A piece publflied in the Freeman's Friend
Of the 3osh uit in the form Of an extract of
letter from Bottom, exprefTed IN idea, that re.
al eftase, appraifed and Get off to fatisfy an exA
ecution ifued on judgment obtained on IN
INJURIOUS demand, was only an ahurznee. and
as fach was made void BY the hasuse Of 6fu-
~. Thar therefore the land was fsiil liable to
be attached by bona ade creditor.
This idea has been purified by . publicAA
ton IN the fame paper of Tome Of the reafon-
logs, BY which il is to be fupported. With
all the attention have had time &c give theme
have not been able to fa,isfy myfsif Of their
corretanefs.s And in reply 70 the argumsoess
BY which the opinion 10 maintained. 1hall
take the liberty to fugsefa = few con6dera-
sions
Ia shs srn ri.s<s IL l. natural to inquire
thar tort Of eitate 10 finally acquired by the
procefi, which vefis the properly in the cree
dit0f.
After the part Of the sppraifers Is perform
ed, the flatu,e makes il the duty Of the fllerif
to deliver feisin and poffefion to the creditor.
Itthen proceeds to defcribe the effase 70 vcffed,
declaring that the execution returned with
the doings thereon. and feafonabIy recorded,
"fhall make as.good title to fuch creditor NJ
creditors, his or their heirs, or aa1gns, ~ the
debtor had therein" This il : beneficial
aAtuse and has been literally coufrued. The
Supreme Court has decided, that the credisoS
is fcixed and poiefed to Ill infents aud pur-
poles. That 10. that he has the fee Gmpie.
Upon this efate right in equity 10 re-
deem 10 fubfequcntly limited to the dcb,or
for one year. The efFec of This right upon
the citsie is very diitinct. II does not make
It an Imperfect eftate. to he completed by the
lapfe Of year and the f1lence of the debtor.
Bur- il is a perfect eflate, only defeaii5Is at
any time within the year by the debtors ten
deriog the creditor, or the tenant under this
title, the whole Of the dcnt with interet down
TO the time of extending the execution AID
the necefsry expenies beyond the Income Of
The next q,ieiiion Is, whe'hcr this ef1a,e.
legally execsted in the creditor, is hasle 20
any other impediment, than the years. right
Of redemption.
the magical efficacy of the language Of the
tA,ute of nfury, which avoids all binds, COM
tracts. mortgage and afiurances Whatsoever
made for the psymen, OF MONEY upon which
above ilx per cent, has been reIsrveds
And here il Is con,eaded, that title by the
levy of an execution upon real enste aoprai-
fed and fet oil to fasisfy An .iur,ous icmand.
and the execution and Goirgs thereon reiusn.
ed and recorded, is fuch an aairancc.
Then what Is the peculiar energy of this
word : Whatever il is Is very i.nn,atcrisI,
as il il very certain The ftatu:e would have ex-
preiled i,ieIf very diffsren. from what /, has
done, II il had contemplated the dettruttiou
ofa title from an officer Of the law in the Ell.
ecu,ion of the judgment of Court of Juice.
The phrafe employed is all afarances mase
That means in general all contracts, whether
under zeal or not. Inftruments are evidently
intended, to which parties are neceHary. And
the party ~ski.s 10 abf,lvcd from his obligs-
ton TO the party, to whom il is made, ia cafe
the CONTRACT il cont animated with uiury A
judgment is not wade II rendered. An ex.
ecution Is gaed
sAlI bonds, contracts, mortgages and afliu-
RANGES whatfoever, made for tie payment of s~v
prispai MONEY lent or esv-aesfrif, be srt, sbss
or for sfwy." Here the mind, with which The
afIurance is made, is involved in the confidcr.
alton oft. And are the judgment and the es.
ccution, the appraifn,ent and the delivery If
feizin, all. an alufance made for the fake of
occurring an INJURIOUS demand This would Re
lepaIizing corruption with vengeance
Again. The astute of ufnry makes all
thele af1urances absolutely vsa. | have al.
ways underitood, that the judicial act Of a
court having competent authority was mere.
ly --,siar5< If the aet is void the debtor il ne
bound by it. For all the proceedings fubls-