Massachusetts Supreme Judicial Court, 1877

Nowell v. Waitt

Nowell v. Waitt
Massachusetts Supreme Judicial Court · Decided January 12, 1877 · Gray
121 Mass. 554; 1877 Mass. LEXIS 45

Nowell v. Waitt

Opinion of the Court

Gray, C. J.

The debtor having been taken and committed on execution, and having been discharged by consent of the creditor, it would seem that the judgment must be deemed satisfied, and it is clear that the same execution could not afterwards be lawfully levied upon his estate. Coburn v. Palmer, 10 Cush. 273. Kennedy v. Duncklee, 1 Gray, 65. Doane v. Bartlett, 4 Allen, 74. Gen. Sts. c. 124, § 22.

Judgment for the tenant.

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