Massachusetts Supreme Judicial Court, 1872

Brown v. Washington

Brown v. Washington
Massachusetts Supreme Judicial Court · Decided November 15, 1872
110 Mass. 529

Brown v. Washington

Opinion of the Court

By the Court.

1. The officer made a palpable mistake in his return, by writing the name of Devereux Dennis, the creditor, instead of Samuel D. Tilton, the appraiser, in his recital of the administration of the oath to the appraisers; and the means of correcting it may be found in his return. The error is therefore amendable.

2. The fact that the officer chose his brother-in-law as an appraiser does not vitiate the levy,- for neither the officer nor the appraiser had any interest in the land or its value.

Judgment for the tenant.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.