Look v. Luce
Massachusetts Supreme Judicial Court
Writ oe entry, dated April 27, 1883, to recover a parcel of land in Tisbury. Plea, nul disseisin. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: The land in question was alleged to have been fraudulently conveyed by one Theodore Luce, in his lifetime, to the tenant. Luce died in 1879, and the tenant was duly appointed his administratrix.
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Writ oe entry, dated April 27, 1883, to recover a parcel of land in Tisbury. Plea, nul disseisin. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: The land in question was alleged to have been fraudulently conveyed by one Theodore Luce, in his lifetime, to the tenant. Luce died in 1879, and the tenant was duly appointed his administratrix. The plaintiffs sued her as such administratrix, and recovered judgment against her for $106 damage, and $9.46 costs of suit, and thereupon an execution was issued in the common form for the damages…
1Opinion of the CourtMorton, C. J.
This case turns upon the validity of the levy made by the demandants. They rely upon the Pub. Sts. c. 172, § 55, which provide that “ the real estate of a deceased person may be taken on execution on a judgment recovered against his executor or administrator for the proper debt of the deceased, with costs of suit and the fees and charges of levying the execution, and such real estate shall be appraised and set off, or sold, in like manner as it might have been if the judgment had been rendered and the execution issued and served against the deceased person in his lifetime.”
If this were the…
2Cases cited2 opinions
- Hardy v. CallMassachusetts Supreme Judicial Court · 1819
- Greenwood v. McGilvrayMassachusetts Supreme Judicial Court · 1876
3Cited by7 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- Harmon v. SweetMassachusetts Supreme Judicial Court · 1915
- Patrick v. DunbarMassachusetts Supreme Judicial Court · 1937
- Tyler v. BrighamMassachusetts Supreme Judicial Court · 1887
- Gibbs v. TaylorMassachusetts Supreme Judicial Court · 1887
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