Owen v. Neveau
Massachusetts Supreme Judicial Court
Writ oe entby, dated February 18, 1876, against Moses Neveau and Phebe L. Neveau, to recover a parcel of land in Montague. Plea, nul disseisin.
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Writ oe entby, dated February 18, 1876, against Moses Neveau and Phebe L. Neveau, to recover a parcel of land in Montague. Plea, nul disseisin. Trial in the Superior Court before Putnam, J., who reported the case for the determination of this court, in substance as follows: On May 16, 1874, Moses Neveau, who was the owner of the land in question, subject to a mortgage made by him, conveyed the land to Charles Moran, who, on the same day, conveyed it to Phebe L. Neveau, wife of Moses. There was evidence tending to show that these conveyances were fraudulent as to the creditors of Moses. On…
1Opinion of the CourtMorton, J.
None of the tenants’ objections to the demand-ant’s title can be sustained.
1. Section 41 of the Gen. Sts. e. 103, provides that “the officer shall give notice in writing of the time and place of sale to the debtor, if found within his precinct.” The officer’s return is a sufficient return that the debtor was not to be found within *429his precinct, and shows an excuse for not giving him the personal notice required by the statute if he is found within the precinct. The language, “I could not find the said Moses in my precinct,” imports that the officer made diligent search for the debtor. The…
2Cited by8 opinions
- Frazee v. NelsonMassachusetts Supreme Judicial Court · 1901
- Sawyer v. HarmonMassachusetts Supreme Judicial Court · 1884
- Blake v. RogersMassachusetts Supreme Judicial Court · 1912
- Ellis v. LyfordMassachusetts Supreme Judicial Court · 1930
- Holmes v. JordanMassachusetts Supreme Judicial Court · 1895
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