Brooks v. Norris
Massachusetts Supreme Judicial Court
Writ oe entry, dated August 20,1875, to recover a parcel of land in Hamilton. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Qolhurn, J., who allowed a bill of exceptions in substance as follows : On April 12, 1871, the demanded premises were set off to the demandant by virtue of a levy of an execution on a judgment in his favor against the tenant, recovered in the Superior Court for the county of Suffolk.
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Writ oe entry, dated August 20,1875, to recover a parcel of land in Hamilton. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Qolhurn, J., who allowed a bill of exceptions in substance as follows : On April 12, 1871, the demanded premises were set off to the demandant by virtue of a levy of an execution on a judgment in his favor against the tenant, recovered in the Superior Court for the county of Suffolk. In the execution, the tenant was described as of Chelsea, in the county of Suffolk. The tenant contended that the provisions of the Gen. Sts. c. 108, were not…
1Opinion of the CourtColt, J.
The validity of the demandant’s levy is disputed by the tenant, on the ground that he was not legally notified and *173allowed, as judgment debtor, to appoint an appraiser. The judgment was recovered against him in Suffolk County, and he was described as of Chelsea, in that county. The land levied on was in Essex County, and the officer returned that, in making the levy, he and the creditor each appointed one of the appraisers, and the other was appointed by him for the debtor, upon whom notice to appoint could not be served, he not being an inhabitant of or a resident in his, the officer’s,…
2Cited by2 opinions
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