Kennedy v. Duncklee
Massachusetts Supreme Judicial Court
Writ of entry, dated October 1st 1851, to recover a lot of land in Broad Street in Boston. Plea, nul disseizin. The case was submitted to the court on the following facts : The demandant, on the 12th of November 1850, was and for a long time had been in possession of the demanded premises, and the owner of the equity of redemption thereof.
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Writ of entry, dated October 1st 1851, to recover a lot of land in Broad Street in Boston. Plea, nul disseizin. The case was submitted to the court on the following facts : The demandant, on the 12th of November 1850, was and for a long time had been in possession of the demanded premises, and the owner of the equity of redemption thereof. On the 9th of March 1850, the city of Boston recovered judgment against the demandant in the court of common pleas for the county of Suffolk for one hundred and sixty seven dollars damages, and ninety eight dollars and seventy two cents costs of suit. On…
1Opinion of the CourtMetcalf, J.
The question on which this case must be decided is, whether the alias execution, on which the sale was made to the tenant, was irregular and void, or only erroneous and voidable. If it was void, the tenant acquired no title under it, and the demandant is to recover. If it was only voidable, the tenant acquired title under it, and he is to have judgment. For it is a settled doctrine of the common law that the sale or assignment, by a sheriff, of the goods and chattels of a defendant, taken on a writ of fieri facias, conveys an indefeasible title to the possession of the specific articles sold…
2Cases cited9 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Tayloe v. Thomson's LesseeSupreme Court of the United States · 1831
- Hammatt v. WymanMassachusetts Supreme Judicial Court · 1812
- Briggs v. WardwellMassachusetts Supreme Judicial Court · 1813
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