Hooton v. Grout

QUESTION : Whether Lands and Tenements mortgaged may be taken in Execution for satisfying the Mortgagee’s just Debts.

Anfwer: The Province Law, 8 W. 3, c. 3, provides that all Lands and Tenements belonging to *344any Perion in his own proper Right in Fee ihall hand charged with the Payment of his juft Debts, as well as his Perfonal Eñáte, and be liable to be j taken in Execution for fatisfying the fame. (2)

Day the Deed was filed and recorded in the Registry at Worcester. Held that the Record was good against the Attachment.

The Act of 6 Geo. 1, c. 2, subjects the Debtor’s Real Estate to be taken in…