Montague v. Gay
Massachusetts Supreme Judicial Court
The defendant is lessee of the rector, wardens, and vestry, of the Episcopal Church in Dedham, under a lease from them for the term of 999 years, an annual rent being reserved.
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The defendant is lessee of the rector, wardens, and vestry, of the Episcopal Church in Dedham, under a lease from them for the term of 999 years, an annual rent being reserved. The plaintiff, having obtained judgment against the said lessors, caused his execution to be levied upon the rents to grow due from October, 1819, to May, 1822, having the same appraised by sworn appraisers, and set off by the sheriff, in the manner prescribed by the statute for extending executions on real estate. The present action was brought to recover the rent for a year.
1Opinion of the CourtWilde, J.
The general question in this case is, whether the proceedings under the plaintiff’s execution were regular, so as to give him a legal title to the rent. It is understood that sundry other rents, due from other tenants of the church on similar leases, were taken at the same time. But at present the only question is as to the rent claimed of the defendant.
By the statute of 1783, c. 57, lands are made liable to be attached and taken on execution, which are to be appraised and set off to the creditor; thereby giving him all the estate that the debtor had therein. This mode of extending executions…
2Cited by3 opinions
- Taylor v. KennedyMassachusetts Supreme Judicial Court · 1917
- Manning v. SmithSupreme Court of Connecticut · 1826
- Michelet v. ColeNew Mexico Supreme Court · 1915