Bell v. Walsh
Massachusetts Supreme Judicial Court
Writ oe entry, dated February 17, 1879, brought by the trustee of Bridget Walsh, to recover an undivided one-third interest in two lots of land in Methuen. Plea, nul disseisin.
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Writ oe entry, dated February 17, 1879, brought by the trustee of Bridget Walsh, to recover an undivided one-third interest in two lots of land in Methuen. Plea, nul disseisin. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions in substance as follows: The demandant offered in evidence a deed, duly acknoAvledged and recorded, showing that, on September 8, 1862, Michael J. Walsh conveyed to the tenant, to Thomas Walsh and to James Walsh, two lots of land described as situated in Methuen, being the two lots described in the demandant’s writ, and one lot adjoining…
1Opinion of the CourtGray, C. J.
Under the Gen. Sts. e. 103, a levy of execution upon real estate could be made by sale in the case of rights to redeem mortgage lands only, and in all other cases must be made by appraisement and setting off. But by the St. of 1874, c. 188, any interest in real estate, which might previously have been levied on by extent, may now be levied on by sale. Gen. Sts. c. 103, § 1. St. 1874, c. 188, § 1. Hackett v. Buck, 128 Mass. 369. Woodward v. Sartwell, 129 Mass. 210.
The levy in this case, having been by sale, must be considered as made at the time of first giving the notice of sale. St.…
2Cases cited5 opinions
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Chase v. ChaseMassachusetts Supreme Judicial Court · 1870
- Slade v. SladeMassachusetts Supreme Judicial Court · 1871
- Hackett v. BuckMassachusetts Supreme Judicial Court · 1880
- Haskell v. VarinaMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- Churchill v. ChurchillMassachusetts Supreme Judicial Court · 1921
- Hartshorn v. HartshornSupreme Court of Oklahoma · 1916
- Cowles v. DickinsonMassachusetts Supreme Judicial Court · 1886
- Croacher v. OestingMassachusetts Supreme Judicial Court · 1887
- Slater v. LambMassachusetts Supreme Judicial Court · 1889
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