MRI, Inc. v. J. Henry Schroeder Bank & Trust Co.

By this action the plaintiff sought to invalidate a levy on an execution made by a deputy sheriff of Norfolk County (one of the defendants here). The plaintiff’s principal contention is that the levy did not comply with the provisions of G. L. c. 236, § 4, in that the memorandum accompanying the filing of the execution did not specifically state that the “execution [was] in his hands for the purposes of taking the land of the defendant.” The facts are stipulated, and the case comes to us by way of a report pursuant to Mass.R.Civ.P. 64, 365 Mass. 831 (1974), and G. L. c. 231, § 111.

The test in…