Berry v. Gates
Massachusetts Supreme Judicial Court
.Writ oe' entry, to recover certain parcels of land in Framingham. At the trial in the Superior Court, before Hardy, J., the jury returned a verdict for the demandant; and the tenant alleged exceptions, which appear in the opinion.
1Opinion of the CourtLathrop, J.
The tenant allowed to go in without objection the officer’s return, and the next morning attempted to save his rights by objecting that the .return did not show that the levy of the execution was made upon land fraudulently standiiig . in the name of another. It would seem that no exception was seasonably taken. Peterson v. Farnum, 121 Mass. 476. We need not, however, discuss this question, for the question of the validity of the return is raised by the first request for instructions. This request is as follows: “ If the jury find that the demanded premises were not levied on as ‘…
2Cases cited12 opinions
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Hunt v. LoucksCalifornia Supreme Court · 1869
- Jackson ex dem. Ten Eyck v. WalkerNew York Supreme Court · 1830
- Phillips v. CoffeeIllinois Supreme Court · 1855
- Durham v. HeatonIllinois Supreme Court · 1862
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3Cited by4 opinions
- Simmons v. ArnimTexas Supreme Court · 1920
- Estate of Culver v. GouldSupreme Court of Iowa · 1909
- Hamant v. CreamerSupreme Judicial Court of Maine · 1906
- Thompson v. HorganMassachusetts Supreme Judicial Court · 1927