HEALY v. McABEE


5 Mass. App. Ct. 608 (1977)

366 N.E.2d 769

LEONARD G. HEALY, JR. vs. FILMORE W. McABEE.

Appeals Court of Massachusetts, Barnstable.

August 19, 1977.


Attorney(s) appearing for the Case

Evan T. Lawson for the plaintiff.

Stephen C. Jones for the defendant.

Present: KEVILLE, GOODMAN, & ARMSTRONG, JJ.


KEVILLE, J.

This action brought in the Superior Court under G.L.c. 231A seeks a declaratory judgment that a sheriff's sale of real estate to the defendant was invalid. The plaintiff appeals from a judgment dismissing the action.

The facts as disclosed by the record appendix may be summarized as follows: The defendant in the present case, McAbee, obtained a default judgment for damages against the plaintiff...

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