Firth v. Haskell
Massachusetts Supreme Judicial Court
Contract for breach of the covenants in a warranty deed in the usual form, given by the defendants to the plaintiff. The declaration alleged, that the defendants, having brought an action, by writ dated July 21, 1876, against James P. Richardson, and made an attachment on mesne process of certain land owned'by him in Medford, which attachment was duly recorded, recovered judgment against him on December 21, 1877; that on January 15, 1878, execution was duly issued on such…
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Contract for breach of the covenants in a warranty deed in the usual form, given by the defendants to the plaintiff. The declaration alleged, that the defendants, having brought an action, by writ dated July 21, 1876, against James P. Richardson, and made an attachment on mesne process of certain land owned'by him in Medford, which attachment was duly recorded, recovered judgment against him on December 21, 1877; that on January 15, 1878, execution was duly issued on such judgment, and was placed in the hands of Luther L. Parker, then a deputy sheriff in and for the county of Middle-sex, who,…
1Opinion of the CourtKnowlton, J.
When an execution is levied by set-off upon real estate, the execution itself, with the officer’s return upon it, duly recorded, is the only competent evidence of the title acquired by the creditor. Pub. Sts. c. 172, § 22. When a levy is completed by a sale, a deed is given by the officer, which must be recorded within three months, and the return of the execution is of less importance. Pub. Sts. c. 172, § 28. Indeed, it is held in some States, that the title of a purchaser at a sale upon execution rests upon a judgment and execution which authorize the sale; that it cannot be affected by…
2Cases cited1 opinion
- Walsh v. AndersonMassachusetts Supreme Judicial Court · 1883
3Cited by5 opinions
- Ellis v. LyfordMassachusetts Supreme Judicial Court · 1930
- Horton v. MonroeMichigan Supreme Court · 1893
- Fletcher v. WrightonMassachusetts Supreme Judicial Court · 1904
- LaChance v. Peerless InsuranceMassachusetts Appeals Court · 1994
- FinniganMassachusetts Land Court · 1902