§ 52 — Procedure

Massachusetts § 52

• Jurisdiction: Massachusetts
• Part III: COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
• Title II: ACTIONS AND PROCEEDINGS THEREIN
• Ch. 236: LEVY OF EXECUTIONS ON LAND

Text

Section 52. If at the hearing the court finds that a part only of the land levied on is held thereby, a warrant may be issued, if the creditor so requires, to an officer qualified to serve the execution, requiring him to cause the part held thereby to be appraised at its value when taken. The officer shall thereupon cause such appraisal to be made in the manner required upon the original levy, and, upon return of said warrant, the levy may be set aside so far as it relates to the part not held thereby, and, if duly recorded, shall be valid as to the remaining part. A new execution may thereupon be issued for the difference between the amount of the original appraisal of the land levied on and the amount of the appraisal of the part held by the levy, without interest or costs. If the court finds that the creditor in proceedings under this or the preceding section had no just cause for such action, the debtor shall recover costs.