Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1879-06-10

4st~N tt-.
O.. res. estate. situated .n plantation.
$751; aa~ nc,a seized on @u execution
against rlt p.IuyJ1 .ou before Ihg date when
H. -.>.4t.tc -gaatm-ut It's existence Tor
:..pr,u,e> ,: suing and being sued ceJ>e>,
U., b., s'lu "a regular course vt proceed
.-> rf.r ,hG' I.-c, and tho sale viii Dee
r..I a. thG oi the property 90 drto'
-. which la, been seized ou execution
--.- tH h., death. Section % OF Chapter
- U D. authorizes au officer to seize and
Sd. ,.mch 90 She rsg. estate in town
Ua-iou on aI Execution against 70 As
>....>,ary CD satisfy the same with the
expenses OF sale, Hy lots, as they are own
a. .- occupied. ura> they are i0,ted out
ol -lc plan thereof However Dc may
>.r. -l.m. Lc must advertise the names OF
such rr.rrictors IL arr known 20 him, In
il, ul-.-. u sale hU, when De SeiLeS and
Sell, fine LOIS. as ,ottcd ont on the plan Of
o., -lr.tiou. the omission % name pro-
p-tt.- la- known tn him VIII not prevent
o.. .-sre,, OF that proprietor from pass
: OH. purchaser with the rest
I.. failure of the officer % return the
execution to the Clerks Office for more
,... sear after the sale viii not affect the
purchasers t.te, it the proceeding, have
o..a regular In Seizius, advertising, and
selling ,he ,1nd.
Neither WIN the failure OF the purchaser
i ;olaer Li, deed on record for nine months
4 atv- tle sale, provided there has been no
i Intermediate conveyance. Neither the Stat
u.. uH- The common law requires such
Return AID record - is required in case OF
au extent.
TIL, cause OF the sale is sufficiently eX-
pressed .u the deed Co the purchaser TO
2l>0er The requirements of Sec. 80, G..
! =. r % can be ascertained from il and the
papers which are referred 20 therein who
Were Che parties % the execution, its
SlJlut and the Court and term az which
Ilt Judgment on which 10 was issued was
rendered, 50 that the deed win establish
--- right ot the party whose land i sold
- redeem within the year If be sees iii, or
/ point uut 90 him the records and witnesses
necessary Co prove his claim against the
town under Sec. 81.
Chapter Cos. Private and Special Laws
i az ',74. was merely permiSSiye and did not
iaa- away the right Of creditors Of Ham
-l Grant Plantation 20 collect their debts
By -le ordinary process 50 long a. the
plantation continued 10 exist for that pur-
pose But if il had done 50, the objection
should have been iuterposed before the
Judgment was obtained and the execution
was issued. The title OF purchaser at q
sale on the execution cannot be questioned
cOlaterslly on that account while the judg-
meut and proceedings remain in force.
When the officer sdyertises and sells the
lots aS lOtted on the plan Of the plantation.
and the whole OF lot is necessary TO sat
lsfy the execution and expense Of sale. and
The proceedings are regular, his deed will
pass the title Of all the owners in the lot.
Known or unknown. and the fact that he
gives In his advertisement the names of
t"0 persons Is proprieJorS in the lot. one
OI whom has mortgaged his interest and
does not say whether the two own i'm COM
mon. or IL IN Severalty. does not describe
their parcels, viii not vitiate his sale He
Is uOt selling by lots aS owned or occu-
pied" Ii Is not ike the selling of NV,
equities In gross, for the right i'm equity F..
created here by the sale 1ul /, % unit ~
longing % MI who were previously owner.
N The 40. The execution ia ills ease wa,
lo' 70 prcNr f-gu, aHJ unless amenI.'
the teftn would fail Sur th-
aspect O ISL, is THAT Che p ii ...iH
q PROBABLY ha0 actual notice OF the sale. and
might have redeemed IT. ~ had desired 10
"0 80. We think 1t would be in further