240 Mass. 225 | Mass. | 1921
This is a petition for the registration of title to a parcel of land in Salem. The case comes before us on appeal from a decision of the Land Court ordering a decree in favor of the petitioner. The findings of fact made by the Land Court in the absence of evidence must be accepted as final. The chain of title of the petitioner comes through a sale regularly made on an execution issued after judgment against the respondent in favor of the tax collector of Salem, in an action on which attachment was made on September 29, 1916.
These facts constituted no notice to the purchaser at the execution sale under whom the petitioner claims title, and do not affect her rights. R. L. c. 167, §§ 59, 60, now G. L. c. 223, §§63,64. Cheshire v. Briggs, 2 Met. 486. Coffin v. Ray, 1 Met. 212. Ryder v. Brockton Savings Bank, 235 Mass. 476, 480. Pomroy v. Stevens, 11 Met. 244. There is nothing in Baker v. Baker, 125 Mass. 7, and cases of that kind, at all at variance with this conclusion.
Even if the Wadsworth attachment had been valid at the time as against the attaching creditor through whose sale the petitioner claims, there is nothing in law to prevent such later attaching creditor from proceeding with his execution sale, taking his risk that the earlier attachment will not be perfected by a judgment and levy. Owen v. Neveau, 128 Mass. 427, 431.
If it be assumed in favor of the respondent but without so deciding that her requests for rulings are before us, there was no reversible error in denying them all. The ruling of the Land Court respecting the sixth request was sufficiently favorable to the respondent.
The case at bar is governed in every particular by Solovicos v. MacLachlan, 236 Mass. 402.
Order for decree affirmed.
This action is referred to in the respondent’s requests for rulings as “the Quinn case.”