Schulz v. Black

The defendants defaulted in a suit for specific performance of a land contract, and a “final decree” was entered ordering them to convey the land upon the receipt of the price. Nearly a year later, in January, 1974, a judge of the Superior Court allowed the plaintiff’s motion to amend the decree so that it could be recorded under G. L. c. 183, § 44. In July, 1974, on the ground of the neglect of their attorney to appear, the defendants moved under Mass. R. Civ. P. 60 (b) (1), 365 Mass. 828 (1974), for an order vacating the amended decree and allowing them to defend the suit. On September -9,…