Allison v. Donovan
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on January 13,1922, seeking to have declared null and void a sheriff’s sale on May 28, 1921, under an execution dated March 10, 1921, and the deed to the defendant, purchaser at the sale, dated July 11, 1921, of an undivided one half interest of Carl H. Allison in certain real estate in Medford attached on August 21, 1919, on mesne process in an action by the defendant against Carl H. Allison.
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Bill in equity, filed in the Superior Court on January 13,1922, seeking to have declared null and void a sheriff’s sale on May 28, 1921, under an execution dated March 10, 1921, and the deed to the defendant, purchaser at the sale, dated July 11, 1921, of an undivided one half interest of Carl H. Allison in certain real estate in Medford attached on August 21, 1919, on mesne process in an action by the defendant against Carl H. Allison. The plaintiff, who was the wife of Carl H. Allison, alleged that he conveyed his undivided half interest in the land to her on June 30, 1920. The defendant…
1Opinion of the CourtCarroll, J.
This is a bill in equity to remove a cloud from a title; and praying that a sheriff’s deed under an execution sale, conveying to the defendant all the title of Carl H. Allison (husband and co-tenant as tenant in common of the plaintiff in the premises), be declared null and void.
The plaintiff alleges that the sheriff made a false return, in stating that the notice as set out in the return was given Allison; and that no notice of sale was published, as alleged. The defendant filed a plea in bar, averring that the present plaintiff began an action against the defendant.by writ of entry in the…
2Cases cited9 opinions
- Harlow v. BartlettMassachusetts Supreme Judicial Court · 1898
- Baker v. BakerMassachusetts Supreme Judicial Court · 1878
- Hoseason v. KeegenMassachusetts Supreme Judicial Court · 1901
- Barnes v. HuntleyMassachusetts Supreme Judicial Court · 1905
- Sawyer v. HarmonMassachusetts Supreme Judicial Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- New England Home for Deaf Mutes v. Leader Filling Stations Corp.Massachusetts Supreme Judicial Court · 1931
- Ellis v. LyfordMassachusetts Supreme Judicial Court · 1930
- Quinlan v. WeeksMassachusetts Supreme Judicial Court · 1955
- Studley v. KipMassachusetts Supreme Judicial Court · 1923