Sewall v. Sewall
Massachusetts Supreme Judicial Court
Bill in equity, filed June 21, 1878, to redeem land in Boston from a sale and conveyance, on June" 23, 1877, to the defendant, by Benjamin F. Bayley, a deputy sheriff, upon an execution against Charles H. Sewall.
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Bill in equity, filed June 21, 1878, to redeem land in Boston from a sale and conveyance, on June" 23, 1877, to the defendant, by Benjamin F. Bayley, a deputy sheriff, upon an execution against Charles H. Sewall. The bill alleged that the plaintiff was seised of the land under a deed thereof from Charles H. Sewall, dated June 20,1878, and that between June 23, 1877, and June 20, 1878, Charles H. Sewall repeatedly demanded of the defendant a statement of the amount due her in the premises, which she refused to make offered to pay such sum as should he found due and to obey any order of the…
1Opinion of the CourtLord, J.
If we understand the claim of the defendant m this case, in substance it is this: when an attachment is made, upon a libel for divorce, of the property of the libellee, that attachment differs from other attachments in this, that the same property is liable to be sold over and over again for its full value, as many times as the equity of redemption is purchased by any person and the property is redeemed. That is to say, if the entire estate is sold on execution, and the execution debtor assigns his right to redeem his estate thus sold on execution to a third person, who redeems it, then it…
2Cases cited1 opinion
- Burrows v. PurpleMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
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- Downs v. FlandersMassachusetts Supreme Judicial Court · 1889