Legal Opinion

Whitaker v. Sumner

Massachusetts Supreme Judicial Court

Decided March 16, 1829Published

Case against the defendant, as sheriff of Suffolk, for a false return made by Nathaniel Freeman, one of his deputies, on an execution in favor of Ralph Huntington against Benjamin Huntington, and a like false return on another execution of A. Dolliver against the same Benjamin Huntington, whereby the plaintiff was injured, he having an attachment, judgment, and execution against the same Benjamin Huntington, which the declaration alleges would have been satisfied out of th.e…

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Case against the defendant, as sheriff of Suffolk, for a false return made by Nathaniel Freeman, one of his deputies, on an execution in favor of Ralph Huntington against Benjamin Huntington, and a like false return on another execution of A. Dolliver against the same Benjamin Huntington, whereby the plaintiff was injured, he having an attachment, judgment, and execution against the same Benjamin Huntington, which the declaration alleges would have been satisfied out of th.e property sold on the execution of Ralph Huntington and Dolliver if the return of the officer upon them had truly set…

1Opinion of the Court

Putnam J.

delivered the opinion of the Court. We shall consider in the first place, whether the officer made a false return. He stated that he had duly advertised the time and place of the sale ; and upon reference to the advertisement, it appears that the place of the sale was not specially designated.

The St. 1798, c. 77, § 4, [Revised Stat. c. 73, § 39,] touching the manner of selling rights in equity of redeeming real estate mortgaged, provides that the officer “ shall give notice in writing of the time and place of sale, to the debtor,’’ and public notice “ of the said time and place of…

2Cases cited1 opinion

  1. Lovejoy v. WebberMassachusetts Supreme Judicial Court · 1813

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