Stevens v. Roberts
Massachusetts Supreme Judicial Court
Writ of entry to recover possession of a parcel of land in Townsend. Plea, nul disseisin. Trial in the Superior Court, before Colburn, J., without a jury, who allowed a bill of exceptions, in substance as follows : Both parties claimed under George Taft.
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Writ of entry to recover possession of a parcel of land in Townsend. Plea, nul disseisin. Trial in the Superior Court, before Colburn, J., without a jury, who allowed a bill of exceptions, in substance as follows : Both parties claimed under George Taft. The demandants claimed under a warranty deed from Taft, dated September 10,1872, and recorded March 17, 1873; but it appeared that Taft continued in the occupation of the demanded premises as the apparent owner until after January 30, 1873. The tenant put in evidence an attachment of the premises, made on January 30, 1873, in due form, in an…
1Opinion of the CourtGray, C. J.
The execution, bearing date of October 21,1873, and reciting that the judgment was recovered at the term of the Superior Court, held “ on the first Monday of September last, to wit, on the fourteenth day of October,” clearly shows upon its face, notwithstanding the imperfect attempt to repeat the year, that the judgment was recovered on October 14, 1873. The including of illegal fees does not avoid a levy. Holmes v. Hall, 4 Met. 419. Exceptions overruled.
2Cases cited1 opinion
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
3Cited by2 opinions
- Wheeler v. RaymondMassachusetts Supreme Judicial Court · 1881
- Brazill v. GreenMassachusetts Supreme Judicial Court · 1922