
    Tapliff v Davis.
    AotioN of ejectment for a piece of land, described in tbe declaration. Plea — Not guilty. Issue to tbe court.
    One Stanton was owner of tbe land; tbe defendant bad an execution against him — levied it upon this land in A. D. 1184, and in September A. D. 1184 bad it recorded in tbe office of tbe town clerk, and returned it to tbe office of tbe county clerk from whence it issued, on tbe 2d of December A. D. 1791, and caused it to be recorded there on tbe 26th of September A. D. 1792. Tbe plaintiff attached this land on tbe 5th of February A. D. 1791 for a debt due to him from said Stanton — ■got judgment and execution for said debt, and levied the execution upon said land on the 6th of October A. D. 1791 — which levy was recorded in the town clerk’s office on the 2d of November A D. 1791, and in the office of the county clerk on the 5th of January A D. 1792. It .appeared that the plaintiff knew that the defendant had levied his execution upon this land, and that it was not recorded in the county clerk’s office when he attached it.
    Judgment — 'That the defendant is guilty and for the plaintiff to recover.
   The statute is positive, that the execution; and officer’s return, must be recorded in the office of the clerk of the court from whence it issued, in order to complete the title; but this was not done by the defendant until mouths after the plain-tff’s title was perfected. There appears to be no fraud practiced by the plaintiff, he was vigilant in securing his debt; but there appears to be great inattention and gross negligence on the part of the defendant.  