Sykes v. Keating
Massachusetts Supreme Judicial Court
Writ of entry, dated September 25, 1873, under the Gen. Sts. e. 103, § 48, to recover a parcel of land on Union Street, in Spri agfield, which was attached under the Gen. Sts. c. 123, § 55, as land of Munroe C. Heath, standing in the name of Jane A. Heath. Plea, nul disseisin.
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Writ of entry, dated September 25, 1873, under the Gen. Sts. e. 103, § 48, to recover a parcel of land on Union Street, in Spri agfield, which was attached under the Gen. Sts. c. 123, § 55, as land of Munroe C. Heath, standing in the name of Jane A. Heath. Plea, nul disseisin. The case was submitted to the Superior Court upon the following agreed statement of facts : Tkf iemanded premises were conveyed by Munroe C. Heath to his father, William Heath, on December 11, 1871, and by William Heath to Jane A. Heath, on December 14,1871, both conveyances being subject to a mortgage for $800 to the…
1Opinion of the CourtMorton, J.
The ground taken by the tenant, that the demandant’s attachment was defeated because the clerk failed to enter in his attachment book the name of Jane A. Heath, as required by the Gen. Sts. c. 128, § 56, cannot be sustained. The statutes require that the officer making an attachment of real estate shall deposit the writ or a certified copy thereof, and so much of his return as relates to the attachment, in the office of the clerk of the courts, and expressly provide that no attachment shall be valid against a subsequent attaching creditor or bond fide purchaser, unless the writ or copy is…
2Cases cited1 opinion
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