Nowell v. Waitt
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in Melrose. Plea, nul disseisin. The case was submitted to the Superior Court, and to this court on appeal on an agreed statement of facts, in substance as follows: On February 4, 1874, the demandant recovered judgment in an action against the tenant, and on February 18,1874, execution issued upon the judgment. On February 21, 1874, the tenant was arrested upon the execution and committed to jail.
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Writ of entry to recover a parcel of land in Melrose. Plea, nul disseisin. The case was submitted to the Superior Court, and to this court on appeal on an agreed statement of facts, in substance as follows: On February 4, 1874, the demandant recovered judgment in an action against the tenant, and on February 18,1874, execution issued upon the judgment. On February 21, 1874, the tenant was arrested upon the execution and committed to jail. On February 25, 1874, he went before a magistrate, and gave notice of his desire to take the poor debtor’s oath, and the magistrate issued the proper notice…
1Opinion of the CourtGray, C. J.
The debtor having been taken and committed on execution, and having been discharged by consent of the creditor, it would seem that the judgment must be deemed satisfied, and it is clear that the same execution could not afterwards be lawfully levied upon his estate. Coburn v. Palmer, 10 Cush. 273. Kennedy v. Duncklee, 1 Gray, 65. Doane v. Bartlett, 4 Allen, 74. Gen. Sts. c. 124, § 22.
Judgment for the tenant.
2Cited by4 opinions
- Kellogg v. UnderwoodMassachusetts Supreme Judicial Court · 1895
- Crawford-Plummer Co. v. McCarthyMassachusetts Supreme Judicial Court · 1917
- FinniganMassachusetts Land Court · 1902
- Goldis v. GatelyMassachusetts Supreme Judicial Court · 1897