Walsh v. Anderson
Massachusetts Supreme Judicial Court
Writ oe entry, dated August 8, 1881, to recover a parcel of land in South Framingham. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the demandant, to this court, on appeal, on agreed facts, in substance as follows: From January 1, 1861, to August 31,1861, inclusive, the demandant was the owner of the demanded premises, which were subject to a mortgage in common form.
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Writ oe entry, dated August 8, 1881, to recover a parcel of land in South Framingham. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the demandant, to this court, on appeal, on agreed facts, in substance as follows: From January 1, 1861, to August 31,1861, inclusive, the demandant was the owner of the demanded premises, which were subject to a mortgage in common form. On July 2, 1861, three executions were issued by James Humphrey, a justice of the peace for the county of Norfolk, against the demandant, for the respective sums of $51.92, $40.60 and…
1Opinion of the CourtField, J.
When an execution is extended upon land, the officer’s return upon the writ is indispensable in order to complete the title in the creditor; and the writ with the return must be deposited in the office of the clerk of the court before the return can be admitted as evidence of the levy. Prescott v. Pettee, 3 Pick. 331. Bates v. Willard, 10 Met. 62, 81.
When the right to redeem mortgaged land was sold on execution, the question was raised, but not decided, in Ingersoll v. Sawyer, 2 Pick. 276, 280, “whether, if no return were ever made, the purchaser could maintain his title by showing the deed…
2Cases cited2 opinions
- Wellington v. GaleMassachusetts Supreme Judicial Court · 1816
- Hayward v. CainMassachusetts Supreme Judicial Court · 1872
3Cited by5 opinions
- Ellis v. LyfordMassachusetts Supreme Judicial Court · 1930
- Firth v. HaskellMassachusetts Supreme Judicial Court · 1889
- Langford v. FewSupreme Court of Missouri · 1898
- Fletcher v. WrightonMassachusetts Supreme Judicial Court · 1904
- FinniganMassachusetts Land Court · 1902