Lawrence v. Pond
Massachusetts Supreme Judicial Court
This was an action of debt on judgment, and was submitted to the determination of the Court, upon the following facts stated and agreed by the parties. The plaintiff recovered the judgment declared on, and in Octo ber, 1819, caused her execution, issued thereon, to be extended upon the defendant’s real estate.
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This was an action of debt on judgment, and was submitted to the determination of the Court, upon the following facts stated and agreed by the parties. The plaintiff recovered the judgment declared on, and in Octo ber, 1819, caused her execution, issued thereon, to be extended upon the defendant’s real estate. The execution was seasonably returned into the office of the register of deeds, and was there recorded ; but the plaintiff took it from that office, before it had been returned into the clerk’s office, and has ever since retained it in her possession. Benajah Pond, the appraiser chosen…
1Opinion of the Court
Curia.
The return of the sheriff, as to the qualification of the appraisers, cannot now be questioned.
In the cases where actions have been sued upon judgments, and maintained notwithstanding a levy on real estate, there has been some defect of title apparent upon the return. In such case the creditor is not bound to record his levy, but may waive it and avail himself of his judgment. But after seisin is delivered by the sheriff, *352under a lawful levy, which devests the title of the debtor, the creditor cannot waive his levy, and resort to his judgment.
If in the case of Ladd vs. Blunt, the…
2Cited by8 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Tobey v. City of TauntonMassachusetts Supreme Judicial Court · 1876
- Dallinger v. RichardsonMassachusetts Supreme Judicial Court · 1900
- Inhabitants of Shutesbury v. Inhabitants of HadleyMassachusetts Supreme Judicial Court · 1882
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