Martel v. Bearce

WEATHERBEE, Justice.

This case comes to us on appeal from the judgment of a Justice in the Superior Court holding that a sheriff’s sale of real estate, record title to which was in a person other than the debtor, was a nullity and that the Plaintiff purchaser was entitled to recover back the purchase price from the creditor who had levied on and sold the property. We deny Defendant’s appeal.

The property in question had been owned during her lifetime by a Miss Pay-son. In 1964 Defendant had brought an action against her on which he subsequently obtained a judgment. On March 6, 1969, after her…