Legal Opinion

Blake v. Rogers

Massachusetts Supreme Judicial Court

Decided January 4, 1912PublishedCited by 7 opinions

Writ of entry to recover possession of certain land on Pratt Street in that part of the town of Framingham called South Framingham.

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Writ of entry to recover possession of certain land on Pratt Street in that part of the town of Framingham called South Framingham. Writ dated February 5,1909. In the Land Court the case was heard by Clark, J., who, on December 30, 1909, filed the following memorandum: “ The demandant to show his title introduced a sheriff’s deed, dated May 12, 1909, recorded September 1st, 1909, purporting to convey to him, the demandant, all the right, title and interest which George W. and Alice H. Cutler, or either of them, had in the demanded premises • on the 23rd day of March, 1909. He offered no…

1Opinion of the CourtBraley, J.

The execution with the amended return making it conformable to the truth was admissible to prove the recitals in the sheriff’s deed under which the demandant claimed title to the premises. Childs v. Barrows, 9 Met. 413. Sawyer v. Harmon, 136 Mass. 414. Hunneman v. Phelps, 207 Mass. 439. But unless it appeared therefrom, that in making the levy and sale, the requirements of the statute had been followed, the judgment debtors had not been divested of their estate. Rand v. Cutler, 155 Mass. 451, 453. By R. L. c. 178, § 28, a notice of the time and place of sale must be posted in the city or town…

2Cases cited10 opinions

  1. Conners v. City of LowellMassachusetts Supreme Judicial Court · 1911
  2. Sykes v. KeatingMassachusetts Supreme Judicial Court · 1875
  3. Bent v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1884
  4. Rand v. CutlerMassachusetts Supreme Judicial Court · 1892
  5. Sawyer v. HarmonMassachusetts Supreme Judicial Court · 1884

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3Cited by7 opinions

  1. Cunningham v. BrightMassachusetts Supreme Judicial Court · 1917
  2. Gladstone v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1958
  3. Pollard v. KettererMassachusetts Supreme Judicial Court · 1915
  4. Ellis v. LyfordMassachusetts Supreme Judicial Court · 1930
  5. Allison v. DonovanMassachusetts Supreme Judicial Court · 1923

2 more not listed; retrieve them via the Exa API.

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