Healy v. McAbee

This action brought in the Superior Court under G. L. c. 231A seeks a declaratory judgment that a sheriff’s sale of real estate to the defendant was invalid. The plaintiff appeals from a judgment dismissing the action.

The facts as disclosed by the record appendix may be summarized as follows: The defendant in the present case, McAbee, obtained a default judgment for damages against the plaintiff here, Healy, in the First District Court of Barnstable. Execution issued thereon. Healy then brought a petition to vacate that judgment on which there issued an order of notice and a supersedeas…