Lemieux v. Lincoln
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 1, 1909, by the purchaser of certain land at a sale in foreclosure of a mortgage, seeking to enjoin the defendants, who claimed the land as purchasers at a sale on execution, from interfering with the plaintiff’s rights as owner of the land. The case was heard by Crosby, J., upon an agreed statement of facts. A memorandum was filed ordering a decree for the plaintiff; and the defendants appealed.
1Opinion of the CourtMobton, J.
The defendants brought an action against one Roy and caused his real estate to be attached on a writ dated September 1, 1905, and returnable to the Superior Court on Monday, October 2. The writ was not entered on the return day but was entered by leave of court two days later, October 4. On November 4,1907, the defendants obtained judgment against Roy, and on December 10 all the right, title and interest which Roy had in the premises at the date of the attachment was sold on execution to the defendants and a deed of the same, which they afterwards caused to be duly recorded, was executed and…
2Cases cited5 opinions
- Cardival v. SmithMassachusetts Supreme Judicial Court · 1872
- Dudley v. KeithMassachusetts Supreme Judicial Court · 1891
- Varian v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Thomas v. BlakeMassachusetts Supreme Judicial Court · 1879
- Horton v. MonroeMichigan Supreme Court · 1893
3Cited by2 opinions
- Loomer v. DionneMassachusetts Supreme Judicial Court · 1959
- Higgins v. SavoieMassachusetts Supreme Judicial Court · 1934