LegalFix
Sign In

Section 23 - Officer's Return; Requisites

MA Gen L ch 236 § 23 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

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.

Previous Section
Section 22 - Record as Prima Facie Evidence
Next Section
Section 24 - Validity of Levy as Against Subsequent Attaching Creditors and Purchasers