Brouillard v. Stimpson
Massachusetts Supreme Judicial Court
Writ op entry, dated February 16, 1906, for a certain parcel of land in Watertown, brought in the Land Court by a judgment creditor under a special attachment, he having obtained judgment and execution and become the purchaser of the land at the execution sale, and having taken all steps and proved all facts, in pursuing his remedies under his special attachment, necessary to maintain an action under the provisions of R. L. c. 178, § 47, as against the person who at the date…
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Writ op entry, dated February 16, 1906, for a certain parcel of land in Watertown, brought in the Land Court by a judgment creditor under a special attachment, he having obtained judgment and execution and become the purchaser of the land at the execution sale, and having taken all steps and proved all facts, in pursuing his remedies under his special attachment, necessary to maintain an action under the provisions of R. L. c. 178, § 47, as against the person who at the date of such special attachment was the holder of the record title to the premises specially attached. The tenants claimed…
1Opinion of the CourtRuGG, J.
This is a writ of entry. The demandant is a judgment creditor under a special attachment, and since the institution of his action has seasonably pursued his remedy under R. L. c. 178, § 47, as against the person then the holder of the, record title to the demanded premises. The tenants are holders of a title acquired by the foreclosure of a prior mortgage. The affidavit of sale filed in the registry of deeds in connection with the foreclosure recites a default in the payment of interest upon the note secured by the mortgage. The demandant has proceeded upon the theory that there was no such…
2Cases cited7 opinions
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Saunders v. DunnMassachusetts Supreme Judicial Court · 1900
- Brown v. SmithMassachusetts Supreme Judicial Court · 1874
- Hampden Cotton Mills v. PaysonMassachusetts Supreme Judicial Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pearson v. MulloneyMassachusetts Supreme Judicial Court · 1935
- Bancroft Trust Co. v. CananeMassachusetts Supreme Judicial Court · 1930
- Gilson v. NessonMassachusetts Supreme Judicial Court · 1911
- State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.Massachusetts Supreme Judicial Court · 1956
- Cosmopolitan Trust Co. v. LyonsMassachusetts Supreme Judicial Court · 1923
1 more not listed; retrieve them via the Exa API.