Haskell v. Varina
Massachusetts Supreme Judicial Court
Wbit OP ehtby to recover land in Newburyport. Writ dated May 14, 1872. At the trial in the Superior Court, before Putnam, J., the demandant put in evidence copies of a mortgage deed from Solomon Littlefield to a savings bank, of a writ and a levy of execution against Littlefield in favor of the demandant, and of a writ and judgment against Littlefield in favor of William Fisher and others. The tenant put in evidence a deed to him from Littlefield.
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Wbit OP ehtby to recover land in Newburyport. Writ dated May 14, 1872. At the trial in the Superior Court, before Putnam, J., the demandant put in evidence copies of a mortgage deed from Solomon Littlefield to a savings bank, of a writ and a levy of execution against Littlefield in favor of the demandant, and of a writ and judgment against Littlefield in favor of William Fisher and others. The tenant put in evidence a deed to him from Littlefield. No other evidence was offered, and no question was made as to the identity of the premises. From these papers the following facts appeared:…
1Opinion of the CourtGray, J.
The burden of proving a compliance with the statutes in all respects necessary to make a title under the levy is upon the party claiming under it. The real estate in question having been seized on the demandant’s execution, and the further service of that execution having been then suspended by reason of a prior attachment, the estate remained bound by the seizure on execution until the attachment was dissolved and for thirty days thereafter, and the service of the execution might be completed in like manner as if the estate had been first seized thereon at any time within said thirty days.…
2Cases cited5 opinions
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
- Bassett v. BrownMassachusetts Supreme Judicial Court · 1870
- Inman v. MeadMassachusetts Supreme Judicial Court · 1867
- Heywood v. HildrethMassachusetts Supreme Judicial Court · 1812
- Waterhouse v. WaiteMassachusetts Supreme Judicial Court · 1814
3Cited by5 opinions
- Frazee v. NelsonMassachusetts Supreme Judicial Court · 1901
- Dunbar v. KellyMassachusetts Supreme Judicial Court · 1905
- Bell v. WalshMassachusetts Supreme Judicial Court · 1881
- In Re MarianoUnited States Bankruptcy Court, D. Massachusetts · 2004
- FinniganMassachusetts Land Court · 1902