Mansfield v. Dyer
Massachusetts Supreme Judicial Court
Writ of entry, in two counts, to recover two parcels of land in Braintree. Plea, nul disseisin. After the former decision, reported 131 Mass. 200, the case was tried in the Superior Court, before Colburn, J., who allowed a bill of exceptions, which, so far as material to the points decided, was in substance as follows: The demandant claimed title to the two parcels of land by virtue of a special attachment, made on September 13, 1875, on a writ in which he was the plaintiff…
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Writ of entry, in two counts, to recover two parcels of land in Braintree. Plea, nul disseisin. After the former decision, reported 131 Mass. 200, the case was tried in the Superior Court, before Colburn, J., who allowed a bill of exceptions, which, so far as material to the points decided, was in substance as follows: The demandant claimed title to the two parcels of land by virtue of a special attachment, made on September 13, 1875, on a writ in which he was the plaintiff and Warren Mansfield the defendant, a levy, on an execution issued in that action, made November 8, 1877, and sheriff’s…
1Opinion of the CourtW. Allen, J.
The levy upon the first parcel of land demanded in the writ was by a sale of the equity of redemption. If the land was not subject to the mortgage, the sale was void. The only authority for levying by a sale, if there was no *377mortgage upon the estate, was by the St. of 1874, c. 188, and that does not authorize an estate free from mortgage to be levied upon and sold as an equity of redemption. Haekett v. Buck, 128 Mass. 369. The validity of the levy upon that parcel depends then, in the first place, upon whether there was a mortgage upon it at the time of the levy. That parcel was conveyed by…
2Cases cited3 opinions
- Wadsworth v. WilliamsMassachusetts Supreme Judicial Court · 1868
- Tucker v. CrowleyMassachusetts Supreme Judicial Court · 1879
- Hackett v. BuckMassachusetts Supreme Judicial Court · 1880
3Cited by3 opinions
- FinniganMassachusetts Land Court · 1902
- MorrisMassachusetts Land Court · 1901
- North v. DearbornMassachusetts Supreme Judicial Court · 1888