reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 41 - Failure of Highest Bidder to Purchase; Re-Sale

Section 41. If the highest bidder for an article at such sale refuses to take and pay for it, the officer shall sell it again by auction, at the same time or within ten days thereafter, giving notice of the second sale; and he shall account for what he receives on the second sale, and for any damages recovered of the first bidder for a loss on the re-sale, as for so much received on the execution.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 42 - Return of Execution; Liability for Fraud

Section 42. The officer making such sale shall in his return of the execution particularly describe the property sold and the amount for which each article was sold; and if he is guilty of fraud in the sale or return, he shall be liable in tort to the party injured for five times the amount of the actual damage sustained by reason of such fraud.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 43 - Proceeds of Sale; Disposition

Section 43. The officer shall apply the money arising from the sale to paying the charges and satisfying the execution, and shall return the residue, if any, to the debtor on demand, or shall apply and pay over the same as provided in the following sections.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 44 - Proceeds of Sale; Disposition Among Several Creditors

Section 44. If the property sold on execution has been attached by another creditor, or seized on another execution, either by the same or another officer, or if before payment of such residue to the debtor another writ of attachment or execution against him is delivered to the officer who made the sale, the proceeds of the sale shall be applied to the discharge of the several judgments in the order in which the respective writs of attachment or execution were served, and any residue returned to the debtor.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 45 - Successive Attachments; Notice; Liability of Attaching Officer

Section 45. If an attachment or seizure on execution is made of any property which may be attached without taking and keeping the exclusive possession thereof, and if the same property is subsequently attached or taken on execution by another officer, he shall give notice thereof to the officer who made the first attachment or seizure; and if the latter, before he receives such notice, pays to the debtor the balance of the proceeds of a sale, he shall not be liable therefor to the person claiming under such subsequent attachment or seizure.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 46 - Nature of Term for Years; Levy; Notice of Sale

Section 46. Terms for years, if the original lease was for one hundred years or more, and fifty years or more thereof remain unexpired, shall be regarded as real estate, for the levy of an execution thereon. Other terms for years shall be seized and sold on execution in like manner as personal property, except that the officer before selling the same shall give fourteen days' notice of the time and place of sale, by leaving a written notice thereof with the debtor personally or at his last and usual place of abode, and by posting a notice on the leased premises.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 47 - Suspension of Levy by Prior Seizure

Section 47. If personal property has been seized on execution, and the further service of the execution is suspended by reason of a prior attachment or seizure of the same property, such property shall remain bound by such later seizure until sold, in whole or in part, under the prior attachment or seizure, or until that attachment or seizure is dissolved.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 48 - Liability of Property Not Sold on Prior Seizure; Service of Execution

Section 48. If such property is sold in part under the prior attachment or seizure, or if that attachment or seizure is dissolved, the property or any part thereof remaining undisposed of shall continue bound for thirty days thereafter by the seizure on the execution; and service of the execution may be completed as if the estate had been first seized thereon within said thirty days, although the return day of the execution has passed.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 49 - Death, etc., of Officer Beginning Levy or Service; Completion of Service; Certificates

Section 49. If an officer, who has begun to serve an execution or other writ or process, dies or becomes incapable of completing the service and return thereof, the service may be completed by any officer qualified to serve it; or in case of illness or absence, the judgment creditor or the officer who began to serve the writ or process may delegate any officer qualified to serve it temporarily to act for him during said illness or absence. If the first officer has not made a certificate of his doings, the second officer shall certify whatever he finds to have been done by the first officer, and shall add thereto a certificate of his own doings.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 50 - Removal of Officer After Beginning of Levy

Section 50. If an officer has begun to serve an execution, he may complete the service and return thereof, although he is removed from office or although the service cannot be completed until after the return day.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 51 - Death of Party; Completion of Service

Section 51. If either party dies after any property, real or personal, has been seized on execution, the service thereof may be completed in like manner and with like effect as if both parties were living and the officer may appoint an appraiser for the deceased party.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 52 - Detaining Money Collected on Execution; Penalty

Section 52. An officer who, upon demand by the creditor, unreasonably neglects to pay money collected by him on execution shall forfeit to the creditor five times the lawful interest of the money from the time of the demand until it is paid.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 1 - Land and Rights Subject to Execution

Section 1. All the land of a debtor in possession, remainder or reversion, all his rights of entry into land and of redeeming mortgaged land, and all such land and rights fraudulently conveyed by him with intent to defeat, delay or defraud his creditors, or purchased or directly or indirectly paid for by him but the record title of which has been retained in the vendor or conveyed to a third person with intent to defeat, delay or defraud the creditors of the debtor, or on a trust for him, express or implied, whereby he is entitled to a present conveyance, may, except as provided in chapter one hundred and eighty-eight, be taken on execution for his debts as provided in this chapter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 3 - Proceedings Upon Levy; Notice and Appraisal

Section 3. An officer taking land on execution shall give notice thereof to the debtor, if found within his precinct, cause the land to be appraised as provided in this chapter, if an appraisal is required, and complete the levy without unnecessary delay.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 4 - Deposit of Notice of Land Taken on Execution or Mesne Process; Nantucket County

Section 4. If land, which was not attached on mesne process in the action in which the execution issued, is taken on execution, the officer shall forthwith deposit in the registry of deeds for the county or district where the land lies a copy of the execution with a memorandum thereon that the execution is in his hands for the purpose of taking the land of the defendant, and no such taking shall be valid against a purchaser in good faith, for value and without notice, before such copy is deposited. If land was attached on mesne process, a copy of the execution with a memorandum as aforesaid shall be deposited by the officer in the registry of deeds for the county or district where the land lies, within forty days after the date which appears on the execution issued upon the judgment in the action, and the attachment shall become void forty days after said date unless the copy is so deposited; provided, that if land was attached on mesne process in Nantucket county and judgment was rendered in another county, or if judgment was rendered in Nantucket county and land was attached in another county, said copy shall be deposited within seventy days after the date which appears on the execution issued upon judgment in the action, and the attachment shall become void seventy days after said date unless the copy is so deposited.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 5 - Entries by Register

Section 5. The register shall note on every such copy the day, hour and minute when received, and record it in his office. He shall enter in the indexes provided for in chapter thirty-six the name or names of the plaintiff and defendant as stated in the copy, the time when execution was levied, the time the copy was recorded and the court that issued the execution.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 6 - Levy by Set-Off; Appointment of Appraisers

Section 6. The officer shall cause the land to be appraised by three disinterested persons, to be appointed, one by the creditor, one by the debtor whose land is taken or, if the debtor is absent from or does not reside in the commonwealth, by his agent or attorney if he has any known to the officer, and one by the officer. If the debtor is absent from or does not reside in the commonwealth and has no agent or attorney known to the officer or if he neglects within a reasonable time to appoint an appraiser, the officer shall appoint one for him.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 7 - Qualifications and Duties of Appraisers; Certificates of Appraisal

Section 7. The appraisers shall be sworn, before a justice of the peace or the officer, faithfully and impartially to appraise the land shown to them as taken on the execution, shall, with the officer, view the same and shall make such examination of it as may be necessary to form a just estimate of its value. A certificate of their appraisal signed by them shall be endorsed on the execution; but if one of the appraisers who was sworn and acted with the others refuses to sign the certificate, the certificate of the others shall be sufficient.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 8 - Valuation of Estates as Fee Simple; Exception

Section 8. The value of the estate of the debtor shall be appraised as an estate in fee simple in possession, unless it is expressly stated in the description endorsed on the execution to be a less estate. All the freehold estate and interest which the debtor has in the land shall be taken and shall pass by the levy, unless it is a larger estate than is mentioned in said description.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 9 - Mortgaged Land; Appraisal

Section 9. If a right of redeeming mortgaged land is taken and set off on execution, the appraisers shall deduct the value of the encumbrance or the amount of the mortgage debt, when known, from the appraised value of the land, and the amount so deducted shall be stated in the return of the execution.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 10 - Appraisal When Several Parcels Are Levied Upon

Section 10. If the execution is levied at the same time upon several parcels of land, each parcel may be separately appraised, or all may be appraised together. If several parcels are taken successively on the same execution, all the parcels may be appraised by the appraisers first appointed, or appraisers may be appointed for each parcel.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 11 - Description of Land in Certificate of Appraisers; Return

Section 11. Land levied upon, whether an entire parcel or an undivided part, and whether the debtor's estate therein is a fee simple or a less estate, and whether it is in possession, reversion or remainder, shall be described, by metes and bounds or otherwise, with as much precision as is necessary in a deed of land, and in such manner that the land may be known and identified. Such description may be contained in the certificate of the appraisers or in the return of the officer, and the description in either may be referred to and adopted in the other.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 12 - Land Held Jointly or in Common; Levy Upon

Section 12. If land is held by a debtor in joint tenancy or as a tenant in common, the share thereof belonging to the debtor may be taken on execution, and shall thereafter be held in common with the co-tenant. If the whole share of the debtor is more than sufficient to satisfy the execution, the levy shall be made upon such undivided portion of such share as will, in the opinion of the appraisers, satisfy the execution, and such undivided portion shall be held in common with the debtor and the other co-tenant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 13 - Land Incapable of Division; Levy Upon

Section 13. If the land levied upon cannot be divided without damage to the whole and is more than sufficient to satisfy the execution, the levy shall be made upon such undivided portion of the whole as will, in the opinion of the appraisers, satisfy the execution, and such undivided portion shall be held in common with the debtor.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 14 - Life Estates; Levy Upon

Section 14. A life estate may be taken and set off to the creditor like other land at the appraised value or, at the election of the creditor, the execution may be levied on the rents and profits.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 15 - Rents and Profits; Levy Upon; Expiration of Life Estates

Section 15. If execution is levied on rents and profits, the annual value thereof shall be determined by the appraisers, and the land shall be set off to the creditor for such time as will satisfy the execution at the rate of rents and profits as determined by the appraisers, if the life estate endures so long, computing interest on the amount due on the execution and deducting the rents and profits as they accrue as so much paid from time to time. If the life estate expires before the end of the term so fixed, the creditor may have a new action on the judgment to recover the amount then due thereon.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 16 - Leased Land; Levy Upon

Section 16. If the land levied upon is under lease to a third person, and the reversion of the whole is taken on the execution, the lessee shall pay to the creditor the rent accruing after the levy, except such part as he has paid before notice of the levy.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 17 - Levy on Leased Land Where Reversion of Part Only Is Taken

Section 17. If the land is under lease as aforesaid and the reversion of a part only is taken, the appraisers shall determine the portion of the whole annual rent to be paid to the creditor, and the lessee shall pay it to him.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 18 - Homestead Property; Levy of Execution

[Text of section applicable as provided by 2010, 395, Sec. 3.]
Section 18. If a judgment creditor requires an execution to be levied on property which is claimed by the debtor to be as a homestead exempt from such levy and if the officer holding such execution is of the opinion that the premises are of greater value than an amount equal to either the automatic homestead exemption or the declared homestead exemption, as applicable, as defined in section 1 of chapter 188, appraisers shall be appointed to appraise the property in the manner provided by section 6. If in the judgment of the appraisers the premises are of greater value than the amount of either the automatic homestead exemption or the declared homestead exemption, as applicable, the appraisers shall set off to the judgment debtor so much of the premises, including the dwelling house, in whole or in part, as shall appear to them to be of the value of the amount of the exemption and the residue of the property shall be levied upon and disposed of in like manner as land not exempt from levy on execution; provided, however, that if the property levied on is subject to a mortgage, it may be set off or sold subject to the mortgage and to the estate of homestead in the same manner as land subject to a mortgage only.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 19 - Delivery of Seisin to Creditor; Debtor's Rights in Remainder, Etc.

Section 19. An officer serving an execution shall deliver to the creditor or to his attorney seisin and possession of the land taken thereon, so far as the nature of the estate and the title of the debtor will admit; but if the estate taken is a remainder, reversion or right of redemption, the officer shall not oust the person lawfully in possession of the land, but shall assign to the creditor the right which the debtor had therein, and make his return accordingly.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 20 - Momentary Seisin

Section 20. If an execution is levied on land of which a person other than the debtor is actually seized, the officer shall deliver to the creditor or to his attorney such momentary seisin and possession thereof as will enable the creditor to maintain an action therefor upon his own seisin; but the officer shall not oust the tenant then in possession.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 21 - Return and Record of Execution

Section 21. The officer shall return the execution, with a certificate of his doings endorsed thereon, to the court to which it is returnable, and such execution and certificate shall be forthwith recorded. The officer shall also, within three months after the levy has been completed, cause the execution and return to be recorded in the registry of deeds for the county or district where the land lies.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 22 - Record as Prima Facie Evidence

Section 22. Such record in the registry of deeds of an execution issued by a district court, and of the levy thereon, shall be prima facie evidence of the regularity of the judgment and prior proceedings in the case.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 23 - Officer's Return; Requisites

Section 23. The return of the officer on the execution shall, in addition to the other requirements of law, set forth substantially—
First, The time when the land was taken on execution;
Second, Either that the appraisers were appointed by the officer, the creditor and the debtor, or that the debtor was absent from, or not resident in, the commonwealth and had no agent or attorney known to the officer, or neglected to appoint an appraiser, and the officer appointed one for him;
Third, That the appraisers were duly sworn, unless a certificate of the oath is endorsed on the execution and signed by the person administering it;
Fourth, That they appraised and set off the land at the value stated;
Fifth, That the officer either delivered seisin thereof to the creditor or his attorney, or assigned it to him as provided in the case of a remainder or incorporeal estate;
Sixth, The description of the land unless it is sufficiently described in the certificate of the appraisers and the return refers to and adopts that description; and
Seventh, If the appraisal is signed by only two of the appraisers, that all three of them were present and acted in the appraisal.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 24 - Validity of Levy as Against Subsequent Attaching Creditors and Purchasers

Section 24. If the execution and return are not recorded in the registry of deeds within three months as aforesaid, the levy shall be void as against a creditor who has attached the same land or taken it on execution without notice of such levy, and also as against a purchaser in good faith for value and without such notice; but if such execution and return are recorded after the expiration of the three months, the levy shall be valid and effectual as against a conveyance, attachment or levy made after such recording.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 25 - Levy Valid Against Creditor

Section 25. If the execution and return have not been returned or recorded as aforesaid, the levy shall be so far valid against the creditor that he shall not waive the levy and have a new execution, except as provided in section fifty.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 26 - Levy by Sale; Disposition of Proceeds; Lands Taken on Behalf of Commonwealth

Section 26. Land and rights mentioned in section one and rights of redeeming land sold for the payment of taxes and other assessments may, if the creditor so elects, be sold on execution as provided in the four following sections, and, after satisfying the execution with the costs and charges, the surplus proceeds of the sale shall be applied and disposed of as provided upon a sale of personal property on execution under the preceding chapter. Land or rights taken on an execution in favor of the commonwealth shall in all cases be so sold.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 27 - Conduct of Sale; Effect

Section 27. The officer authorized to serve the execution shall make the sale by public auction to the highest bidder, and convey by deed to the purchaser all the debtor's title to the land or rights so sold. Such deed shall, if the execution with the return thereon has been returned, be valid as against the debtor or any person claiming under him who has actual notice thereof and, if recorded within three months after such sale in the registry of deeds for the county or district where the land lies, shall be valid as against any other person.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 28 - Notice of Sale

Section 28. The officer, thirty days at least before the sale, shall deliver to the debtor, if found within his precinct, a written notice of the time and place of sale and shall post such a notice in a public place in the town where the land lies and also in two adjoining towns, if there are so many in the county. The officer shall also publish such a notice once in each of three successive weeks, the first publication to be not less than twenty-one days before the day of sale, in a newspaper published in the town where the land lies.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 29 - Adjournment of Sale

Section 29. If, at the time appointed for the sale, the officer considers it for the interest of all persons concerned to postpone it, he may adjourn it for not more than seven days, and so from time to time until the sale is completed, giving notice of every such adjournment by a public declaration thereof at the time and place previously appointed for the sale.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 31 - Suspension of Levy; Record; Effect; Liability of Land

Section 31. If land has been seized on execution and further service thereof is suspended by reason of a prior attachment or seizure of the same land, or on the written request of the creditor, the officer making the later seizure shall cause a record thereof to be made in the same manner as an attachment of land on mesne process is recorded. Such record shall be sufficient notice of said seizure, and the levy on such land shall be considered as having been made at the time of such seizure if such record is made within three days thereafter; otherwise, at the time when said record is made. The land shall remain bound by such seizure until set off or sold in whole or in part under the prior attachment or seizure or until that attachment or seizure is dissolved.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 32 - Proceedings After Dissolution of Prior Attachment

Section 32. If land is set off or sold in part under a prior attachment or seizure, or if that attachment or seizure is dissolved, the land or such part thereof as remains undisposed of shall continue bound for thirty days thereafter by the seizure on execution, and service of the execution may be completed as if the land had been first seized thereon within said thirty days, although the return day thereof has passed.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 33 - Right of Redemption; Time; Amount Required; Deed or Release

Section 33. If land or rights have been taken and set off on execution, the debtor may within one year after the levy or, if such land or rights have been sold on execution, within one year after such sale or within the time and upon the terms provided in section forty-seven, redeem the same by paying or tendering to the creditor or purchaser, as the case may be, the amount for which they were so set off or sold, with interest thereon from the time of the levy, all amounts paid for lawful taxes and assessments, reasonable expenses incurred for repairs and improvements and, in case of levy by set-off, all amounts lawfully paid on account of any mortgage or other lien recoverable under section forty-eight, and deducting from such amount in each case the rents and profits received or which might have been received by the creditor or purchaser and with which he is lawfully chargeable. The creditor or purchaser shall thereupon deliver to the debtor a deed of release, prepared by the debtor or at his expense, of the land or rights so taken and set off or sold.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 34 - Ascertainment of Amount Due; Tender

Section 34. The debtor may in all cases cause the amount due for redemption to be ascertained at his own expense by three justices of the peace in the manner following: one of the justices shall be chosen by the debtor, one by the creditor, and one by the two first chosen; or if the creditor neglects to choose one, the justice chosen by the debtor shall appoint the other two. After a hearing before the three justices, they or two of them shall make and sign a certificate of the amount which they adjudge to be due for the redemption of the land, which certificate shall be final and conclusive between the parties. A tender by the debtor of the amount so adjudged to be due shall be a sufficient tender notwithstanding any previous tender.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 35 - Redemption of Mortgage Paid by Creditor or Purchaser

Section 35. If the creditor or, in case of a sale, the purchaser pays the debt due on a mortgage to which the land levied on is subject, the judgment debtor may redeem the mortgage from the creditor or purchaser at the time when, and upon the terms upon which, he might have redeemed it from the mortgagee if no execution had been levied. If the debtor does not so redeem the mortgage, the creditor or purchaser shall hold the land as an assignee of the mortgage and free from any right of redemption, notwithstanding the debtor has redeemed or offered to redeem the right taken on the execution. If the debtor does not within one year after the levy redeem the right taken on the execution, the creditor or purchaser shall hold the land against the debtor, notwithstanding the debtor has redeemed or offered to redeem the mortgage.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 236 - Levy of Executions on Land › Section 53 - Levy on Land of Deceased

Section 53. Land of a deceased person which has not been sold and conveyed, by deed duly recorded, by the executor or administrator of such deceased person under a license from the probate court or under a power of sale contained in the will of the deceased, may be taken on execution on a judgment against his executor or administrator for the debt of the deceased, for the costs of the action against him if the executor or administrator has not appeared therein, and for the fees and charges of the levy, and such land shall be appraised and set off or sold, in like manner as if execution had been levied against the deceased in his lifetime.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 3 - Form of Declaration

Section 3. The plaintiff shall declare on his own seisin within twenty years then last past, without specifying any particular day, and shall allege a disseisin by the defendant, but need not aver a taking of the profits. He shall set forth the estate which he claims in the land whether in fee simple, fee tail or for life, and if the latter, whether for his own life or for the life of another, but he need not set forth the original gift, devise or other conveyance or title by which he claims the estate.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 4 - Actual Entry; Seisin; Proof; Right of Entry

Section 4. The plaintiff need not prove an actual entry under his title, but proof that he is entitled to such an estate as he claims in the land and that he has a right of entry therein shall be sufficient to prove his seisin. No such action shall be maintained unless the plaintiff has at the time of commencing his action a right of entry into the land demanded.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 5 - Manner of Prosecuting Action

Section 5. Such action shall be prosecuted in the same manner as if the plaintiff, at the time of commencing the action, had made an actual entry on the land demanded and had been immediately ousted by the defendant. In a trial upon the general issue, if the plaintiff proves that he is entitled to the estate set forth in the complaint and that he had a right of entry on the day when the action was commenced, he shall recover the land unless the defendant proves a better title in himself.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 6 - Disseisors

Section 6. A person in possession of land demanded in a civil action, claiming an estate of freehold therein, may be considered as a disseisor for the purpose of trying the right, irrespective of the manner of his original entry therein.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 7 - Actual Ouster; Effect

Section 7. If the person in possession has actually ousted the plaintiff or withheld from him the possession of the land, he may, at the election of the plaintiff, be considered as a disseisor for the purpose of trying the right, although he claims an estate less than a freehold.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 9 - Laws and Rules Governing

Section 9. The law and practice relative to pleadings and evidence in a writ of entry upon disseisin, as heretofore recognized and established, shall continue in force, except as altered by this chapter and chapters one hundred and eighty-five and two hundred and thirty-one and by the Massachusetts Rules of Civil Procedure.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 12 - Rents; Profits; Destruction or Waste

Section 12. If the plaintiff recovers judgment, he shall recover in the same action, subject to the limitations provided in this chapter, damages for rents and profits of the land from the time when his title accrued and for any destruction or waste of the buildings or other property for which the defendant is liable.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 13 - Measure of Damages

Section 13. Rents and profits for which the defendant is liable shall be the clear annual value of the land while he was in possession thereof, after deducting all lawful taxes and assessments on the land paid by him and all necessary and ordinary expenses of cultivating the land or collecting rents, profits or income thereof.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 15 - Limitation of Defendant's Liability

Section 15. The defendant shall not be liable for rents and profits for any time more than six years prior to the commencement of the action or for waste or damage committed before said six years, unless rents and profits are allowed to diminish the defendant's recovery upon his counterclaim for improvements under section twenty-seven.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 16 - Improvements

Section 16. If the land demanded has been actually held and possessed by the defendant and by those under whom he claims for six years next before the commencement of the action, he shall, if judgment is against him, be entitled to compensation as hereinafter provided for the value of any buildings or improvements made or erected on the land by him or by any person under whom he claims.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 20 - Limitation of Allowances

Section 20. The amount recovered by the defendant upon such counterclaim shall not exceed the amount actually expended by the defendant and those under whom he claims, nor shall it exceed the amount by which the value of the land is actually increased thereby as assessed at the time of the action.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 21 - Court Assessments; Postponements

Section 21. Except as provided in sections twenty-two to twenty-four, inclusive, and in section twenty-six, if there is a trial in the land court, it shall at the same time assess the amounts due the plaintiff for rents and profits or other damages, if any, and shall determine the amount to be allowed to the defendant for improvements, if any, and also, if duly required, the value of the plaintiff's estate, unless, on its own motion or that of either party, made before its finding or decision on the title is recorded, it postpones such assessment or determination until after its trial of the title and its finding or decision thereon.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 22 - Jury Assessments; Postponements

Section 22. If trial by jury shall be demanded and if issues therefor are to be framed to obtain an assessment of the amounts due to the plaintiff for rents and profits or other damages, or a determination of the amount to be allowed to the defendant for improvements, or of the value of the plaintiff's estate, the land court, on its own motion, or on that of either party, made at any time before the papers required by section fifteen of chapter one hundred and eighty-five have been entered in the superior court, may postpone such issues until after its trial of the title and its findings or decision thereon. In such case said court shall order that the procedure provided by section fifteen of chapter one hundred and eighty-five be suspended pending its further order under section twenty-three.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 23 - Resumption of Procedure for Assessment by Jury

Section 23. If issues are postponed under the preceding section, and if, on its trial of the title, the land court shall make a finding or decision in favor of the plaintiff, that court shall, on motion of either party, made before its finding or decision on the title is recorded, order that the procedure provided by section fifteen of chapter one hundred and eighty-five be resumed, except that the papers required by said section fifteen shall be entered in the superior court for the county where the land lies within thirty days after such order.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 24 - Waiver of Jury Trial

Section 24. If issues have been postponed under section twenty-two, and if, after a finding or decision in favor of the plaintiff on the title, no motion under section twenty-three is seasonably made, that the procedure provided by section fifteen of chapter one hundred and eighty-five be resumed, jury trial on such postponed issues shall be deemed to be waived, and such assessment or determinations shall be made as provided in section twenty-one or twenty-five.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 25 - Assessment by Assessors

Section 25. In cases where an assessment of the amounts due to the plaintiff for rents and profits and other damages, or a determination of the amount to be allowed to the defendant for improvements, or of the value of the plaintiff's estate is to be made by the land court, such assessment or determination may, if the parties consent, be made by assessors appointed by that court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 26 - Judgments to Both Parties

Section 26. The defendant shall have judgment upon his counterclaim for the value of the improvements. The plaintiff shall have judgment and execution for the amount found due him for rents and profits and other damages due from the defendant as well as for seisin of the land.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 27 - Excess of Improvements Over Rents and Profits; Effect

Section 27. If the amount found due to the defendant for improvements exceeds the amount found due from him for rents and profits accruing within six years, he shall be chargeable with rents and profits accruing before that time, so far as necessary to balance his judgment for improvements; but in such case he shall not be liable to repay rents and profits in excess of the value of the improvements.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 28 - Payment of Balance Due Defendant

Section 28. The plaintiff shall, except as provided in the following section, before taking out execution for seisin of the land, pay to the defendant, or for his use to the recorder of the land court, the amount, if any, by which the defendant's judgment upon his counterclaim for improvements exceeds the amount recovered against the defendant by the plaintiff upon his claim for rents and profits and other damages; but the defendant or person claiming under him shall not be liable for rents and profits accruing between the date of the judgment and payment by the plaintiff of said amount.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 29 - Writ of Seisin Before Judgment

Section 29. If the plaintiff has had judgment for seisin of the land, he may take out a writ of seisin before judgment has been rendered upon his claim for rents and profits or other damages or upon the defendant's counterclaim for improvements, but if there is pending such a counterclaim, the plaintiff, before taking out his writ of seisin, shall furnish such security or pay into court such amount of money as the land court may order, to secure to the defendant the payment of any amount found due him for such improvements.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 30 - Collection of Balance Due Defendant

Section 30. If the defendant has judgment for such improvements, he may have an execution therefor or he may collect the same, with all reasonable costs and expenses for such collection, out of the security furnished, or may receive it out of the money paid into court and the residue thereof, if any, shall be returned to the plaintiff.