14 §2020. Judgment assignee may bring action if estate does not pass by levy
§2020. Judgment assignee may bring action if estate does not pass by levy When a judgment has been assigned for a valuable consideration, and bona fide, in writing, and a levy of an execution issued on such judgment has been made, and the estate does not pass by the levy, and the creditor dies after […]
14 §2021. Assignee may bring action in own name
§2021. Assignee may bring action in own name In all cases where a judgment has been assigned as provided for in section 2020 and is not discharged, the assignee may bring a civil action thereon in his own name. Upon averment and proof of the facts aforesaid, the court may render judgment and execution thereon […]
14 §2022. Levy commences when appraisers sworn
§2022. Levy commences when appraisers sworn For the purpose of fixing the amount due on the execution and the time when the debtor’s right to redeem expires, all levies shall be considered to commence on the day of the date of the administration of the oath to the appraisers, although it may appear by the […]
14 §2023. Validity of excess levy; remedy
§2023. Validity of excess levy; remedy When, by an error of the officer, the amount for which the levy was made exceeds the amount of debt or damage, costs, interest and costs of levy, by a sum not greater than 1% thereof, it is valid if otherwise legally made. The debtor or owner of the […]
14 §2013. Seizin and possession delivered; debtor not ousted
§2013. Seizin and possession delivered; debtor not ousted The officer shall deliver to the creditor or his attorney, seizin and possession of an estate levied on, so far as the nature of the estate and the title of the debtor admit. When a remainder, reversion or right of redemption is taken, the debtor in possession […]
14 §2014. Levy on land fraudulently conveyed or disseized
§2014. Levy on land fraudulently conveyed or disseized A levy may be made on land fraudulently conveyed by a debtor, or of which he has been disseized and into which he has a right of entry. In such case, the tenant in possession shall not be ousted, but the officer shall deliver to the creditor […]
14 §2015. Debt assigned; estate held in trust for assignee
§2015. Debt assigned; estate held in trust for assignee When the debt has been previously assigned for a valuable consideration, the creditor named in the execution holds an estate levied on to satisfy it in trust for his assignee, who is entitled to a conveyance thereof, which may be enforced by a civil action.
14 §2016. Execution returned and recorded
§2016. Execution returned and recorded The officer shall return the execution into the clerk’s office where it is returnable, and within 3 months after completing the levy cause it, with the return thereon, to be recorded in the registry of deeds where the land lies.
14 §2017. Unrecorded levy void against purchaser or creditor
§2017. Unrecorded levy void against purchaser or creditor When not recorded as provided in section 2016, the levy is void against a person who has purchased for a valuable consideration, or has attached or taken on execution, the same premises without actual notice thereof. If the levy is recorded after the 3 months, it will […]
14 §2018. Levy waived or void
§2018. Levy waived or void A creditor who has received seizin of a levy not recorded cannot waive it unless the estate was not the property of the debtor, or not liable to seizure on execution, or cannot be held by the levy, when it may be considered void, and he may resort to any […]