Brown v. Washington

Decided November 15, 1872

Massachusetts Supreme Judicial Court · decided 1872-11-15

Writ op entry to recover land in Salem. The case was submitted to the judgment of the Superior Court and, on appeal, of this court, upon agreed facts substantially as follows: The demanded premises belonged to Clara Putnam, and on October 21, 1869, were set off by Daniel H. Potter, a deputy of the sheriff of Essex, to Devereux Dennis, upon an execution in his favor against Clara Putnam.

Cited by 1 later decisions — most recently February 1926

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1872-11-15

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By the Court.

¶11. 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.

¶22. 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.

¶3Judgment for the tenant.